Michigan Drug Crimes Legal Questions

Yes, for all practical purposes a "high court misdemeanor" is treated as a felony, because by definition it is one. MCL 761.1(g) "Felony" means a violation of a penal law or this state for which the offender, upon conviction may be punished by death or imprisoned for more than 1 year or an offense expressly designated by law to be a felony. MCL 750.7 "Felony" The term felony when used in this act, shall be construed to mean an offense for which the offender, on conviction may be punished by death, or by imprisonment in state prison. A "High Court misdemeanor" carries a maximum penalty of 2 years in prison, making it a felony ... Read More

The time limit for filing an appeal is governed by MCR 7.204 (for felonies) and is jurisdictional. That means if you do not file in the time allowed the Court lacks the authority to her the Appeal. A claim for an Appeal of Right must be filed within 42 days. If you requested an appointed Appellate attorney and were denied you have 42 days from the date of the order of denial. You may file an application for Leave to Appeal within one year of he order being appealed, however the Court does not have to hear it. It may deny the application without considering the merit of the appeal. ... Read More

Possession of less than 25 grams of Cocaine carries a maximum penalty of 4 years in prison. Thus the range of possible sentences are probation to 4 years in prison. But without knowing the Defendant's prior criminal history and other specifics, the Michigan Sentencing Guidelines take into account, it is impossible to speculate what the probable sentence will be. ... Read More

This is a difficult subject. but the prior convictions are the probable cause to increase his bond. The two primary purposes the judge is to consider when setting bond is the Protection of Society and the likelihood the Defendant will appear for his court dates. First, it is important to realize the judge is not using the prior record to determine guilt or innocence, but merely to determine the appropriate bond. A prior record may be indicative of both. If the Defendant has a lengthy prior record and if the last conviction is relatively close in time to the current offense, the judge may presume the Defendant is a danger to society because he has demonstrated an inability to conform to the law, and thus is likely to commit another crime if released on bond. In addition, if the Defendant failed to appear at any of his scheduled court dates in his prior cases or failed to report to his parole/probation officer, the judge may conclude it is likely that he will not keep his court dates in this matter or report to probation as ordered as a term of bond. If the Defendant is charged as a Habitual Criminal, or because of his prior record it is fairly certain the sentencing guidelines place him in a  prison cell, the judge may conclude that it is more likely the defendant will flee rather than face prison.   Just because a person has a prior record, it does not mean he he is guilty, will committ another crime on bond or will flee. But they are possibilities a judge must consider when setting bond. ... Read More