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Involuntary Probation Extension

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krissym01

Junior Member
What is the name of your state (only U.S. law)? Michigan

My husband plead no contest to 2 felonies and received 2 years probation in a plea bargain. He had the choice of 1 felony with 6 six months jail or the 2 felonies with 2 years probation. He's been on probation for 15 months. He's on his 5th probation officer. This last probation officer said the Judge, Prosecutor, and our lawyer made a mistake with the plea bargain. That his crime (which he plead no contest to) requires a mandatory minimum of 5 years probation. He only has 9 months left. How can we fight this and can we get a court appointed lawyer for this since the case was already resolved and now is being re-opened?
 


seniorjudge

Senior Member
How can we fight this and can we get a court appointed lawyer for this since the case was already resolved and now is being re-opened?

Is this a Federal or a State charge?

What statute numbers was he charged under?
 

RichardEsq

Junior Member
More information is required, like that Senior Judge requested. If it's state law, however, the general rule is that a sentence less than the mandatory minimum is illegal and can be corrected at any time. Keep in mind, this would apply in your situation ONLY when the code specifies mandatory minimum terms of probation.

However, sometimes the court may allow, as an alternative, him to withdraw his guilty/no contest plea and reopen the case.
 

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