QUESTION

Does a 2 years mandatory for a felony firearm charge mean they have to spend the entire 2 years in jail?

Asked on Mar 03rd, 2014 on Criminal Law - Michigan
More details to this question:
In Michigan my 18 year old grandson sold marijuana and a 22 caliber revolver to an undercover police officer. He is charged with felony possession and intent to distribute. How can we be assured that we will be assigned a good court appointed attorney? And if we do not approve of the one we get can we ask for a replacement?
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5 ANSWERS

Small Businesses Attorney serving Livonia, MI at Klisz Law Office, PLLC
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You can never be assured of getting a skilled public defender. And you get no replacement if you are not happy. Invest in his future and hire your own private counsel who will care about the case.
Answered on Mar 05th, 2014 at 11:57 PM

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If convicted of FF a 2 year mandatory sentence is added to run consecutively to your sentence on other charges. ? you will be randomly assigned an attorney by whatever judge is making assignments that week.? most are very good and know their way around the courts and judges. You'd have to have a serious problem to get a new appt'd attorney, it is not.
Answered on Mar 05th, 2014 at 11:57 PM

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Criminal Defense Attorney serving Southfield, MI
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Nothing is for sure, the prosecutor could dismiss the felony firearm as part of a plea deal. They may not want to and can not be forced to do it. I am just saying it is possible. You can not be assured a "good" court appointed attorney and though your grandson could fire his attorney and can not be forced to stick with one he doesn't like, the court will likely not try again.
Answered on Mar 04th, 2014 at 4:04 PM

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Michael J. Breczinski
For Felony Firearm, in Michigan, you have to serve the whole two years first before any other sentence. The courts appoint the lawyer.? Your grandson has the option of going with that lawyer or hiring his own. If the appointed lawyer is not doing a good job then he can ask for another lawyer and the judge will have to decide the matter.
Answered on Mar 04th, 2014 at 4:04 PM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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All court appointed attorneys have been screened by the court in order to be approved to be on the list. If convicted of a crime that has a two-year mandatory minimum sentence, then yes he would have to spend at least two years in prison and that sentence would be served consecutively or after any other sentence of any other crimes that he was convicted of was served. In other words, he serves his other sentence first and then the two year minimum sentence after that is complete. Courts will not allow a defendant to keep picking and choosing his court appointed attorney until he finds one that he likes best. The court will only replace his attorney for good cause. You are always free to retain your own lawyer at any time.
Answered on Mar 04th, 2014 at 4:02 PM

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