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Misdemeanor conviction with felony probation

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Dpoison

Junior Member
In Michigan I have accepted a plea to 1st offense impaired, a 93 day misdemeanor.
The judge accepted my plea but sent me to felony probation.
I'm unsure how or why this happened because the conviction is for a misdemeanor.
I have 2 prior impaired convictions, the most recent being over 13 years ago.
I am looking for some logic or statute that may explain how or why this happened. ...again...the conviction is for a 93 day max misdemeanor.
Thank you for all input.
 


quincy

Senior Member
In Michigan I have accepted a plea to 1st offense impaired, a 93 day misdemeanor.
The judge accepted my plea but sent me to felony probation.
I'm unsure how or why this happened because the conviction is for a misdemeanor.
I have 2 prior impaired convictions, the most recent being over 13 years ago.
I am looking for some logic or statute that may explain how or why this happened. ...again...the conviction is for a 93 day max misdemeanor.
Thank you for all input.
Sentencing can be based on prior offenses.
 

quincy

Senior Member
What are the terms of your "felony probation"?

Did you have an attorney representing you?
In general, Michigan's statutory maximum term of probation for felonies is 5 years whereas the maximum term of probation for misdemeanors is 2 years.

Other than that, there are mandatory conditions that apply to all probationers (see #1 in the link) and conditions that could be imposed (see #2 in the link): http://www.legislature.mi.gov/(S(b0suuq0aohgv0wiwsv5qo5ge))/mileg.aspx?page=GetObject&objectname=mcl-771-3

The OWIs will stay on Dpoison's criminal record forever. Michigan does not allow these convictions to be expunged.

If Dpoison did have an attorney, I imagine it was this attorney who managed to get the reduction from 3rd offense felony to the misdemeanor.
 
Last edited:

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