Legal Question in Criminal Law in Michigan

felony under advisement

By taking a plea to a felony case that will reduce it to a misdemeanor after a probationary time, will I have a felony on record untill the probation is compleat?


Asked on 12/14/08, 8:53 pm

2 Answers from Attorneys
William Morrison Action Defense Center

Re: felony under advisement

Yes.

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Answered on 12/14/08, 10:31 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: felony under advisement

I disagree with the first attorney's answer.

In a plea under advisement, the court has not "accepted the plea" until the terms of the deal have been fulfilled (for example: complete terms of probation, don't violate any laws, etc.). You are not 'convicted' until the plea has been accepted. So, while the PUA is still in limbo, you have not yet been convicted.

It's a little different when the plea is accepted but the deal includes a delayed sentence date ... where the defendant's behavior in the delay period might impact whether a charge is reduced. Here, the person is convicted of one charge, but the final charge might be adjusted downward due to good behavior.

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Answered on 12/15/08, 2:30 pm


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