Domestic Violence Sentence: Achieving Certainty Before You Decide Whether to Plea Or Go To Trial...
If you are facing a Domestic Violence charge in Michigan and, after a review of the evidence and any criminal history with their Domestic Violence Lawyer, you elect NOT to take your case to Trial, chances are you will be facing a Domestic Violence Sentence (unless your case is dismissed or you plead to a lesser charge not involving Domestic Violence).
But given that even a Domestic Violence Sentence for a 1st offense can carry up to 93 days in Jail, wouldn't it be nice if you knew what was going to happen to you before you gave your plea?
The bottom-line is that there are steps that can be taken by a competent criminal defense lawyer to achieve this. It can be tricky, because the only person who can finally decide your Domestic Violence Sentence is the Judge (within the limits of the law). The problem is that at the time the Judge accepts your plea, he or she knows very little about the facts of the case and may not be in a position to determine the Domestic Violence Sentence that will be imposed. In-fact, the Judge's decision is largely the result of a Presentence Investigation Report, which is not even prepared until after the plea is taken.
While 100 % certainty in a Domestic Violence Sentence is simply not possible, a good criminal defense lawyer will have several great ways to achieve certainty on the major issues, including possible Jail, No Contact, and Court-ordered programs. That lawyer will understand how to take advantage of all of the tools Michigan law allows, including the law set forth in People v. Cobbs and People v. Killebrew.
The best way to achieve the highest level of certainty in your Domestic Violence Sentence to hire a competent and knowledgeable Domestic Violence Attorney. At Prain Law, PLLC, chances are we've already dealt with other cases involving the unique questions that may be troubling you. Call Prain Law, PLLC anytime at (248) 731-4543 or fill-out the Contact Form