Michigan Criminal Defense Attorney News
Jail and Prison Sentences Below Sentencing Guidelines are Now Possible Without a Deviation
Michigan Sentencing Guidelines Are Now Advisory
On July 29, 2015, the Michigan Supreme Court dramatically changed the sentencing process in the State of Michigan and has opened the doors to sentencing results that were not possible before that date. In the case of People v Lockridge, the Michigan Supreme Court decided that the statutory sentencing guidelines were unconstitutional. The Court found the guidelines unconstitutional because they allowed a judge to set an offender’s earliest parole eligibility date based on the Offense Variables, based on facts that are not proven to a jury beyond a reasonable doubt. The lawyers with LEWIS & DICKSTEIN, P.L.L.C. have advocated for this position for years!
To understand the Lockridge decision and the advantage to defendants represented by top criminal defense lawyers, it is helpful to understand how sentences were determined before July 29, 2015. The sentencing guidelines mandated that a number/points were assigned to factors related to a defendant’s criminal background (Prior Record Variable) and another set of factors relating to the particular offense and its severity (Offense Variables). The overall points were put into a sentencing grid to determine a recommended minimum sentence for a particular defendant. If a judge wanted to exceed the guideline range, they must put the reasons why on the record.
The reason for the sentencing guidelines was to promote uniform sentences across Michigan. The Michigan Supreme Court did not like that part of the sentencing consideration (the offense variable) was done with no input from a jury or agreement of the defendant. Thus, the basis for the Lockridge decision.
Negatives and Positives of Michigan’s Sentencing Guidelines Changes
The Guidelines were initially drafted to promote uniform criminal sentences. So, an offender in Traverse City would get roughly the same sentence as an offender in Detroit if they had basically the same criminal history and committed the same offense.
The imposition of uniform sentencing will be much more difficult after Lockridge because now trial judges may impose minimum sentences based on their personal beliefs. The Lockridge decision has given trial judges more power by granting them unfettered discretion to choose a defendant’s earliest parole date unconstrained by guidelines.
The negative impact of the change will be felt by those defendants represented by criminal defense lawyers who do not have the skill, tenacity, and zealousness to fight for reduced sentences and, instead, just capitulate to “guideline” sentences. The POSITIVE impact for individuals with top criminal defense lawyers is that sentences below guidelines are now far more likely with hard work, creative thinking, and passionate advocacy.
Sentencing is Often The Most Important Part of a Criminal Case
A well-prepared defense attorney is often the difference between prison/jail or just probation at a sentencing hearing. The attorneys at LEWIS & DICKSTEIN, P.L.L.C. have consistently defied the odds at achieving favorable sentences under the guidelines when they were mandatory. Now that the guidelines are only advisory, the criminal defense team with LEWIS & DICKSTEIN, P.L.L.C. will be able to achieve even more extraordinary sentence reductions for their clients.
There is no law firm or lawyer in Michigan who works harder or smarter to achieve the best possible outcome. Judges that are no longer constrained by guidelines can listen and use discretion, compassion. With more discretion, even common sense can factor into sentencing. The lawyers at LEWIS & DICKSTEIN, P.L.L.C. have made it their professional goal to ensure that every person they represent is given the best possible defense available and the best possible sentencing result. If you are facing misdemeanor or felony criminal charges, it is essential that you contact the law firm of LEWIS & DICKSTEIN, P.L.L.C.
Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you and, most importantly,
we are not afraid to win!
