Detroit, MI asked in Criminal Law for Michigan

Q: How likely is it that I get probation on my first felony offence?

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1 Lawyer Answer

A: It depends on two main factors. First, is the severity of the crime. Murder is a felony and forging a check is also a felony. The former, you are definitely going to prison the latter perhaps not. The other factor is the judicial temperament of the judge. Different judges sentence based on different philosophies. You state this is your first felony but you do not state this is your first charge. If you have prior convictions that will be an important factor. Because this is a felony the probation department will prepare a document that calculates your sentencing guidelines. These guidelines no longer control your sentence but still remain an important factor in the judge's final decision.

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