Legal Question in Criminal Law in Michigan

Someone I know was convicted of CSC4 and we need to address the court with a victims statement. What could we ask for as far as maximum sentencing under Michigan law? Although, this is a high level misdemeanor can we ask the court that he not be allowed to have possession of a weapon?


Asked on 6/23/14, 10:14 am

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

I recommend that your talk to your case's prosecutor's office. While the court's probation department is required to contact the victim for an impact statement (and may have its own form to use) the prosecutor's office might have a handy form, too, and be able to help you with details of what to say or ask. The victim's rights laws do not tie a victim's hands in what he/she asks the court to order at sentencing. The judge will consider your recommendations, along with the prosecutor's, defense attorney's and probation department's. CSC 4th Degree carries up to 2 years in prison (unless the defendant was also convicted as a habitual offender) as the maximum time that can be served by statute. But the sentencing judge sets the MINIMUM time to be served, and makes the critical call of whether the defendant will be sent to prison at all, serve county jail time, be put on probation, etc. If probation is ordered at sentencing the judge will set terms of probation the defendant must follow, and your impact statement might want to emphasize terms that are important to you. Some examples include not having ANY contact with the victim or members of the victim's household (direct, indirect, social media, etc.); not violating any criminal laws anywhere; not possessing or using alcohol or illegal/non-prescribed drugs (especially if these were part of the crime's dynamics); not possessing weapons like guns, knives, etc. (again, especially if this was part of the crime dynamics); completing counseling recommended by probation or any assessor (such as a psychologist, substance abuse screener, etc.); performing ____ hours of community service; etc. The list can go on, but the judge should focus probation terms to things connected with the crime itself or issues the defendant has that might lead to continued criminality. The bottom line for victim impact statements is to ask for it if you want it. It's also helpful to explain why you think specific things might be important. Also, in general, your impact statement should include information on how this crime affected / impacted the victim and the victim's family. And don't forget about restitution (e.g., co-pays, mileage or other out-of-pocket costs for counseling).

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Answered on 6/23/14, 10:48 am


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