Can I change where my days credited go?

Question

A few months ago my public defender helped me plea a case down.  I was sentenced a fine of $2000 dollars and 10 days of Public Work Service. Because I spent 4 days in jail, I had 8 days of credit, I opted to get $800 taken off of my fine.  I had the option to take 8 days off of the Public Work Service, but at the time I though the fine would be the better way to spend the credit. I need to seek employment and my current work project schedule interferes with that.  I was wondering if it's possible to switch the credits from the fine amount owed to the work days credited?  I have served two days of work project already.

George Derieg · Answer

Well, you should just re-schedule the work project days. The point of work project is to allow you to stay out of jail so you can pursue employment/education etc... You should be able to re-schedule work project at the local Sheriff's dept.

Austin Hirschhorn · Answer

You would need to have your lawyer contact the court and determine if this can be done administratively or if a motion will need to be filed with the court to ask that this be done and then follow up with what is required by the court.

John Patrick Yetter · Answer

You need to speak to your attorney about filing a motion to modify your sentence, though after thirty days have passed you may have some trouble doing that.

Larry Dunn · Answer

You can contact your public defender or the court staff and request a   sentence modification.

Robert De Groot · Answer

Only the judge can do this upon proper motion.

Leonard A. Kaanta · Answer

That is soley up to your probation officer.

Thomas Tomko · Answer

A sentence cannot be changed in Michigan once it begins to be imposed, unless there is an exception contained in an applicable statute.  The short answer about what you ask is: "no."  It is only 10 days, and by the time you could get before the Judge, even if it could be changed, you may have served the 10 days.

Herschel Bullen · Answer

There would be no harm in asking the Court to do that.  Additionally, if you explain the work situation, some other accommodation might be made.  It would be up to the judge.

Dennis P. Mikko · Answer

You should speak to your probation officer.  It may be possible to make the switch especially if you have good reason for doing so.

Michael J. Breczinski · Answer

Have your attorney ask the judge. The worst is the judge will say no.

Stephen Freeborn · Answer

Only way to get it changed (if possible) is to go back before the judge who sentenced you.

Terry Nelson · Answer

For any question of a specific case where you have counsel, you must ask your attorney, the PD.  Only they know the facts and terms of sentencing that will allow them to answer.

Philip Hache · Answer

That should not be a problem.  Go into court first thing in the morning to get your case recalled and inform your public defender what you want to do ahead of time to make sure there won't be any issues.

Gary Russell · Answer

Speak with your probation officer or the judge.

Gregory Crain · Answer

Go back to court to get it approved.

Jason P. Kutulakis · Answer

Since you have an attorney (the public def) no other lawyer may give you legal advice.

James Osak · Answer

The Court would have to approve any changes to your plea agreement. You need your attorney to schedule a new hearing for you.

Mark R. Thiessen · Answer

Ask your probation officer if you can switch.

Nathaniel Shafer · Answer

It may be possible, depending on your judge. Request a new court date for a status hearing and explain your situation.

Bernal Ojeda · Answer

You need to get into court a modify the sentence.

Dennis Roberts · Answer

Possibly, but why don't you ask your public defender as he will know how that  particular court works.

Steven Alpers · Answer

You will have to contact your public defender and ask him or her and if he say yes you will need to get the case added onto the calendar.

Thomas Edward Gates · Answer

You need to contact your public defender.  It will likely require that you appear in court.

Russell Pietryga · Answer

Possibly. You need to file a motion to modify the sentence.  Sounds like the court gave you 2 options and you took the one that you thought was best for you.  It appears that the circumstances have changed, so file a motion to modify.  Should be pretty simple.

Stuart Nachbar · Answer

I do not think so.  I think once the decision is processed, that is a done deal.

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Can I change where my days credited go?

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