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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21877
Experience:  Handle criminal matters in both state and federal courts.
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Commit 2 misdemeanors of theft with 2nd on probation and then

Customer Question

Commit 2 misdemeanors of theft with 2nd on probation and then commit identity theft, what is minimum and maximum time in jail?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.

Hello

Welcome and thank you for your question I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

I just need to know if this is for the state of MIchigan, please?

Customer: replied 1 year ago.

Yes it is the state of Michigan

Expert:  Samuel II replied 1 year ago.
Hello

Ok. Thank you.

The penalty for the misdemeanor petty thefts is no more than 93 days jail time and.or a fine not to exceed $500 OR 3 times the value of the property stolen whichever is greater.

The ID Theft for a first offense is up to 5 years and or a fine not to exceed $25,000

So that means the penalty could be from probation to 5 years and the fines.
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21877
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 4 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.


The person is on probation already for the 2nd misdemeanor. So committing the ID theft while on probation would that mean there will be a continued probational period of more days over the first besides the fines or would it be then jail time besides the fine?

Expert:  Samuel II replied 1 year ago.
Hello

It means that any time he has left on probation may and will be added to a sentence and that could be concurrent, meaning served at the same time as a new sentence as opposed to being served consecutively meaning one sentence after another.

Customer: replied 1 year ago.

If serving jail time Medicaid will not pay for any medical nor prescriptions. This person has 3 ailments if not checked yearly can lead to cancer. The lawyer serving with this person stated that the Jail has medical services,,but concerned for the expert diagnosis inclusive colonscopy has to be done, MRI's and the prescription is $1200 per month without Medicaid help hence the scenario of this cost. Cant the state waiver this law and have Medicaid help this person?

Expert:  Samuel II replied 1 year ago.

Hello

Unfortunately, no. If they do it for one, then it has to be done for all.

And so, I suggest that all this medical history needs to be brought up and discussed so that the court knows what they are up against and the needs the jail/prison will have to provide.

It may be possible to have a home detention sentence, and that is something to discuss with his attorney

Customer: replied 1 year ago.


what is home detention sentence? is that a bracelet? will Medicaid cover for this type of set up?

Expert:  Samuel II replied 1 year ago.
Hello

Yes, it would be monitored with the bracelet and yes, since he would not be able to get the care in an institution as a prisoner would have access he could use Medicaid
Customer: replied 1 year ago.

this is good info about house arrest and need to talk to the person's lawyer to get a package together base on all the medical ailments probably getting the 3 diffeerent physicians to depict the diagnosis and what is needed so can be presented at the arraignment...plus what Rx needed that will help preventive medical scenarios. What does Arraignment mean? Is this the final decree or sentence or is this where you can plea bargain and present the case? Or is this mean a judgement declared?

Expert:  Samuel II replied 1 year ago.
Hello

The arraignment is where the state reads the statement of facts and charges into the record and the defendant gives a plea of Not Guilty or Guilty or No Contest.
Customer: replied 1 year ago.

Is this where when you plea bargain can present the bargaining idea of house arrest option due to the medical scenarios? Should this lawyer gather all needed in this medical package for the arraignment?

Expert:  Samuel II replied 1 year ago.

Hello

No. This is where a plea is entered, a court appointed attorney is requested if cannot afford a priviate attorney, a court hearing for trial is set.

The negoitions on the sentence, etc is done between the attorney and the DA after that and before the trial date

Customer: replied 1 year ago.


This person has already been assigned a court appointed Attorney. this person had a preemptive appearance. Then was declared a date later this month. The court appointed lawyer is figuring out a package to present at this later dated appearance as might be called arraignment...so I am confused.

so what is the preemptive appearance identifying as a preliminary examination before the judge?

this is where the judge gave the date later for this month to appear again already with assigned lawyer...and so forth.

Expert:  Samuel II replied 1 year ago.

Hello

 

The preemptive was when he was arrested, correct? And now there is an arraignment date

Customer: replied 1 year ago.

The preemptive appearance was 1 1/2 weeks later after committing to warrant for arrest via a letter. The later date which is mid week September is stated as an arraignment date. The assigned lawyer depicted that he wants to check all the police reports on the misdemeanors of stolen items from stores and any other info inclusive this ID theft, so he can present to this arraignment appearance the case for the accused. The accused admits alll the crimes. The lawyer is suggesting plea bargaining to avoid trial date; lowering jail time and what ever judge and DA and the People will devised. We are hoping minimal 6 months jail time OR NOW wished to advise about the house detention program due to too many medical issues. How can we get a hold of the lawyer...it is only when he calls, but he only called to tell of the arraignment date, and now we want to alert about the house detention venue and plea bargain for this venue due to the medical records....HOW do we get a hold of this lawyer?

Expert:  Samuel II replied 1 year ago.
Hello

I suggest you need to contact the Court Clerk and ask for the name of the attorney who is assigned to the case. And there should also be a phone/contact number for him. The Clerk can provide you that information from the file
Customer: replied 1 year ago.

Waiting for the call from the assigned lawyer...have his office number now. So we will proceed and thank you for helping so far.


I am assuming the free week has passed and will be billed the $54, but I do not understand how long this amount $54 last? a month? will I be billed monthly the $54 if and only if I used you for the month...I wished to curtail this monthly amount after one month is up. Please help me here.

Expert:  Samuel II replied 1 year ago.
Hello

Thank you for the positive rating and feedback.

I am glad you got the attorney of record

As to how this is billed, I have no idea. You need to use the CONTACT US button below and discuss that with someone in Customer Service.

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