Will I have to go to jail?

By May 29, 2014 August 28th, 2019 blog post

Because of LEWIS & DICKSTEIN, P.L.L.C. stellar reputation as a top Michigan Criminal Defense Law Firm, we get calls regularly from people who are charged with various misdemeanor and felony offenses and wonder if they are going to have to do jail or prison time. Amazingly, many of the calls come from individuals who are already represented by lawyers that do not communicate well, are ineffective, are court-appointed, or are inexperienced.

In truth, the answer to this question is relatively complicated. Although the criminal defense lawyers with LEWIS & DICKSTEIN, P.L.L.C. do offer a free consultation, these questions are complex enough that quite a bit of time and energy must be expended before a reliable analysis can be offered. The question is important enough that you deserve a reliable answer.

Sentencing Factors

Common factors that judges consider when considering a sentence include:

  • whether the offender is a “first-time” or repeat offender,
  • whether the offender was an ACCESSORY (helping the main offender) or the main offender,
  • whether the offender committed the crime under great personal stress or duress,
  • whether anyone was hurt, and whether the crime was committed in a manner that was unlikely to result in anyone being hurt,
  • whether the offender was particularly cruel to a victim, or particularly destructive, vindictive, etc.,
  • whether the offender is genuinely remorseful or apologetic,
  • whether the defendant has taken steps to make sure the offense will not be repeated in the future,
  • whether there are mitigating facts, and
  • much, much more.

How to Get the Best Possible Result

No sentence is determined based upon one factor alone and it is the job of an experienced criminal defense lawyer to be able to determine what factors will be most influential to the judge and then highlight the positive ones.  The attorney must be able to explain in a credible way why the negative facts should be considered less important. A highly effective criminal defense attorney must be able to think on his feet and be able to adapt an argument at a moment’s notice. A lawyer that is not adept or intuitive enough in court to catch when things are going against their client and then naturally and instantly shift their argument as necessary to turn things around, is a liability and not an asset.

The Defense Team with LEWIS & DICKSTEIN, P.L.L.C. is hired by other lawyers in Southeastern Michigan to handle the sentencing for their clients or to consult with them regarding a particular sentence to help formulate effective mitigation arguments. The truth of the matter is that achieving a favorable sentence is more of an art than it is a science. An average lawyer may obtain a sentence that acceptable but a very good lawyer will target an exceptional result. When other lawyers think jail is unavoidable, we have been able to achieve sentences without incarceration or with jail time far less than anyone thought possible. Because of our well-known track record of successful representation, we have earned a reputation for being among the most effective group of attorneys in Michigan.

A Case Example of a Superior Result

For example, we recently handled a case in Oakland County with one of the tougher, more conservative judges. Our client had 9 prior felony offenses and was recently released from parole. He had been to prison once before for Resisting and Obstructing the Police. On this occasion, he was charged with another crime of Resisting and Obstructing the Police as a result of an incident where he got into a fight with four local police officers. His sentencing guidelines were for a sentence of up to 23 months in prison. The sentence ended up being 60 days in county jail with tether work release! Our client did not spend one day in jail. Needless to say, the other lawyers in the courtroom were blown away. This client had been loyal to our firm for over ten years, and there was no way we were going to let him down. Our firm was built on the theory that we will do whatever has to be done to get the best possible result for new client and those we have helped before.

We Can Help You

If you are looking to avoid jail time or you are in a position to help a loved one with finding legal representation that will maximize the chances of avoiding jail or prison, please call LEWIS & DICKSTEIN, P.L.L.C. at (248) 263-6800 for a free consultation or complete a Request for Assistance Form and we will promptly contact you.

We handle misdemeanor charges, felony charges, probation violations, and sentencing issues in Oakland County, Wayne County, Washtenaw County, Livingston County, Macomb County and throughout Southeastern Michigan.

We are not afraid to win!