An invalid sentence can translate into possible freedom for the defendant.
Believe it or not, there are specific procedures that a judge must follow when sentencing someone who has been found guilty by a jury, or has decided to plead guilty to a crime. According to Michigan Court Rule 6.425, the judge must allow each party a chance to address any issues or concerns they have with information in the presentence report. Also, the judge is required to conduct a sentencing hearing that is consistent with the standards of due process.
Michigan law requires a presentence report in all felony cases, however some judges also use them in misdemeanor cases too. These reports are usually prepared by the county probation department. They are called Presentence Investigation Reports (PSIR). Lawyers and judges often call them “the pre”.
If you believe that your sentencing hearing was conducted unfairly, or a mistake was made in your sentence, then you might be able to request that your invalid sentence be corrected or modified. There are certain time limitations you need to be aware of when filing a motion to correct or modify an invalid sentence. There is no time to waste!
Michigan Court Rules allow both the Prosecuting attorney and the Defense attorney to file a motion requesting the correction or modification of an invalid sentence. However, the Michigan Supreme Court has recently decided that the Court cannot act on its own.
An attorney is needed to start the ball rolling.
This means that, as of 2017, the Court cannot correct or modify a sentence without a motion from either the prosecutor or the defendant requesting such an action. If a sentencing hearing has already been held, you have been sentenced, and now you are being called back to Court due to an error the judge made, then you need act quickly! Ask your attorney to file an appropriate motion to correct the sentence.
If you feel that you or your loved one is being subjected to an invalid sentence, call The Kronzek Firm at 866 766 5245 and speak to an attorney immediately! Our experienced defense attorneys have been successfully representing the people of Michigan for decades, ensuring that your rights are protected and every angle of your case is thoroughly pursued. Our phones are answered 24/7, and an attorney is always available to discuss your case and provide quality legal advice. We are here to help.