Q: Can a circuit court judge rule if his term is expired? I can't find anything anywhere on st. Joseph County Michigan.
My son was just sentenced unfair. First felony 4 years prison with no boot camp or reform that we have in our county.
A: There are ways to allow a judge to rule after his term expires. You can however certainly appeal the length of the sentence given as being excessive under the specific facts of your son's case.
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A:
There's a couple of ways a judge whose term has expired would still have authority to sentence...and that's not really going to resolve your son's problem anyway.
You don't state when your son was sentenced or for what crime. Without that, it's hard to say whether 4 years is a proportionate or valid sentence. But please don't fall for some common misconceptions: 1) you CAN go to prison on your first felony - there is no such thing as your first felony being "free", or that the judge must give you probation; 2) "boot camp" - SAI - is not a sentence that a judge imposes, except through a term of probation. It is controlled by the MDOC. They say who goes and who doesn't. And with a prison term of 4 years, your son would be prohibited by statute from SAI as by MDOC policy, the sentence must be under 3 years.
If your son had a trial, he has a right to appeal, and should be talking to an appellate lawyer about these issues. If he plead guilty, and is within 6 months of sentencing, he could also challenge these issues.
1 user found this answer helpful
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