In the historic decision in Apprendi v. New Jersey, the Supreme Court of the United States ruled that the Sixth Amendment right to a jury trial means that any fact that leads to a sentence longer than the maximum spelled out in law must be found to exist by the jury. The standard by which a jury must conclude that such a fact exists is the same as that used to determine guilt…beyond a reasonable doubt. The court stated, “Other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt.”
If you are facing sentencing on a felony or misdemeanor criminal offense in Michigan (state or federal) and you need help, please do not hesitate to call Michigan’s Premier Criminal Defense Law Firm, LEWIS & DICKSTEIN, P.L.L.C., for a free consultation. We are regularly hired to take over an individual’s legal representation and/or coordinate with current counsel when a specialist is needed to mitigate a potential sentence. If you are looking at the possibility of jail or prison and you want the best chance of avoiding incarceration, we can help you. Please call us at (248) 263-6800 or complete a Request for Assistance Form
and we will promptly contact you.