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Zoey_ JD
Zoey_ JD, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 41551
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Is a high Court misdemeanor a good deal for someone who

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Is a high Court misdemeanor a good deal for someone who improperly transported a firearm?
JA: Have any charges been filed? If so, when is the next court date?
Customer: My boyfriend has a trial on the 24th of this month unless he takes the deal.
JA: In what state did this occur?
Customer: Michigan
JA: Anything else you want the Lawyer to know before I connect you?
Customer: He was a passenger in a vehicle that was pulled over when this occurred and the police report was filled out incorrectly and there was no probable cause for them to be pulled over.

Hi,

I'm Zoey, and I will be the lawyer assisting you today. What is he actually being charged with (give me the code section if you can)? What crime will he br pleading to if he wants the deal, and what is the sentence the prosecutor wants him to have for that deal?

Customer: replied 8 days ago.
The charge if he doesn't take the deal is a felony on concealed carry. His lawyer didn't tell him what scentencing would be if he took the deal.

A high court misdemeanor carries a penalty of up to 2 years of prison. So even though it is called a misdemeanor, he has much of the same consequences as a felony. Unless the prosecutor is willing to agree to probation or some other non-incarceratory sentence, this would not appear to be the world's most generous plea.

 

On the other hand, even if this is an open plea, meaning the sentence would be up to the judge, it can be no worse than 2 years in prison. So your boyfriend needs to sit down with his lawyer and fiind out, first of all, what his maximum risk is if he goes to trial and is convicted of the top count. Then he needs to learn the strengths and weaknesses of his case as a trial case and get his lawyer's opinion on the odds that he will be acquitted after trial. Once he has all of that, he can weigh the offer against the possibility he will be convicted at trial and choose the one he can best live with.

 

This particular decision -- choosing between two very unattractive alternatives -- is the most difficult type of a decision any individual has to make. I can't tell him what to do. I am not his lawyer and don't have enough knowledge of the case to advise him. But I can tell him what he needs to learn from his attorney.

 

Once he makes his decision, even if his lawyer disagrees with it, his lawyer is professionaly obligated to give him the best possible defense he can manage.

Customer: replied 8 days ago.
Okay. Thank you

You're welcome. The bottom line is that if the plea offers him a sentence that does not involve prison, that's a guarantee he won't serve time and has to be seriously considered. But it still has to be weighed against everything I mentioned earlier.

 

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Zoey_ JD and 4 other Criminal Law Specialists are ready to help you
Customer: replied 8 days ago.
May I ask you a question related to this?

Yes

Customer: replied 8 days ago.
If he takes the high court misdemeanor he told me he won't have to go to prison. Will he lose his rights to own a gun?

There's case law in Michigan that a high court misdemeanor can support a felon with a firearm charge is he's found with a gun. So, yes, he'll lose his gun rights.

Customer: replied 8 days ago.
Okay thank you.

You're welcome!