DISCLAIMER This website and/or post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas, private stuff, work related information, non work related information and general internet BS. Therefore…Before you believe anything on the internet regarding anything and everything – do your research on “Official Government and State Sites”, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain. You’re on the internet.
Separation is a challenging and often emotionally charged experience for anyone, but for LGBTQ+ individuals, it can come with unique circumstances and considerations. LGBTQ+ individuals may face legal and financial hurdles, as well as navigating the complexities of their identities and community support.
Unique Challenges Faced by LGBTQ+ Individuals in Separation
Breaking up is hard enough, but for LGBTQ+ individuals, separating from a partner can come with its own set of challenges. From societal stigma to legal complexities, there are specific hurdles that LGBTQ+ individuals may encounter when going through a separation. It’s important to understand these challenges in order to navigate them effectively and find the support needed during this difficult time.
Recognizing the Intersectionality of Identities
Separation can be especially complex for LGBTQ+ individuals who also navigate multiple intersecting identities such as race, ethnicity, religion, or disability. It’s crucial to acknowledge and recognize the unique experiences and challenges faced by LGBTQ+ individuals at the intersection of these identities. By understanding and acknowledging the diverse experiences within the LGBTQ+ community, we can provide more inclusive and effective support for individuals going through a separation.
Komorn Law accepts the difficult and stressful divorce and separation clients that involve PPOs, domestic situations, asset division and the cases that are more than just a simple divorce. If you are going through a difficult divorce and need to hire an attorney who fights, remain calm, silent and contact our office (248) 357-2550.
Navigating Legal and Financial Considerations
Understanding LGBTQ+ Rights and Protections in Separation
Understanding your legal rights and protections as an LGBTQ+ individual during a separation is essential. Laws and regulations pertaining to LGBTQ+ rights vary from country to country and even within different states or regions. Familiarize yourself with the legal landscape in your area and seek advice from legal professionals who specialize in LGBTQ+ family law. Knowing your rights will empower you to make informed decisions about custody, property division, and other important matters.
Seeking Legal Counsel and Expert Advice
When going through a separation, it’s advisable to seek legal counsel from professionals who have experience working with LGBTQ+ individuals. They can guide you through the legal process, answer your questions, and ensure that your rights are protected. Look for lawyers who have expertise in LGBTQ+ family law or can provide referrals to LGBTQ+ inclusive legal services.
Financial Planning and Asset Division
Dividing assets and finances can be a sensitive and complicated aspect of a separation. Consulting with a financial advisor who understands the unique challenges facing LGBTQ+ individuals can help you navigate this process. They can assist in analyzing and dividing shared assets, addressing potential tax implications, and helping you plan for your financial future post-separation.
Coping with Emotional and Mental Health Impacts
Processing Grief, Loss, and Emotional Turmoil
Separation brings with it a range of emotions like grief, loss, anger, and confusion. It’s important to give yourself permission to feel these emotions and to process them in a healthy way. Take time for self-care, engage in activities that bring you solace, and surround yourself with supportive friends and loved ones.
FAQ
1. Are there specific legal protections for LGBTQ+ individuals going through separation?
Yes, there are legal protections in place for LGBTQ+ individuals going through separation. It is important to understand your rights and consult with a knowledgeable attorney who specializes in LGBTQ+ family law. They can guide you through the legal process and help ensure that your rights are protected.
2. How can I find LGBTQ+-friendly support groups and organizations?
There are numerous LGBTQ+-focused support groups and organizations available, both online and in-person. You can start by researching local LGBTQ+ community centers or organizations that provide support for individuals going through separation. Online resources such as forums and social media groups can also provide a valuable network of support and connection.
3. What steps can I take to prioritize my mental health during separation?
Prioritizing your mental health during separation is crucial. Seeking therapy or counseling from professionals who are knowledgeable about LGBTQ+ issues can provide invaluable support. Additionally, practicing self-care techniques such as mindfulness, exercise, and engaging in activities that bring you joy can help manage stress and promote emotional well-being.
4. How can I rebuild my life and relationships after separation?
Rebuilding your life and relationships after separation is a personal journey that takes time and self-reflection. It can be helpful to seek support from friends, loved ones, or LGBTQ+ community members who can provide guidance and understanding. Engaging in self-discovery, setting new goals, and exploring new interests can also aid in the process of moving forward and creating a fulfilling life beyond separation.
If you or someone you know has been accused of a crime or DUI. Call Komorn Law and turn the odds in your favor. Call Now 248-357-2550
DISCLAIMER This website and/or post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas, private stuff, work related information, non work related information and general internet BS. Therefore…Before you believe anything on the internet regarding anything and everything – do your research on “Official Government and State Sites”, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain. You’re on the internet.
Divorce can be a complex and emotionally challenging process, and understanding the legal aspects specific to your state is crucial. Whether you are considering filing for divorce or are in the midst of one, having a clear understanding of the laws and procedures in Michigan can help you navigate this difficult journey with confidence and make informed decisions for your future.
When it comes to divorce laws in Michigan, it’s essential to understand the legal basis for ending a marriage. In Michigan, divorce is based on the concept of “no-fault.” This means that you don’t need to prove any specific reason or wrongdoing to get a divorce. The court simply needs to find that there has been a breakdown of the marital relationship.
Residency Requirements for Divorce in Michigan
Before filing for divorce in Michigan, you need to meet certain residency requirements. Either you or your spouse must have resided in the state for at least 180 days, and one of you must have lived in the county where you plan to file for at least ten days before filing.
Komorn Law accepts the difficult and stressful divorce and separation clients that involve PPOs, domestic situations, asset division and the cases that are more than just a simple divorce. If you are going through a difficult divorce and need to hire an attorney who fights, remain calm, silent and contact our office (248) 357-2550.
Legal Separation vs. Divorce in Michigan
In addition to divorce, Michigan also allows for legal separation. Legal separation means that you and your spouse live apart but remain legally married. It can be an option if you are not ready to end the marriage completely or if you have religious or personal beliefs that discourage divorce. However, it’s essential to note that legal separation still involves similar legal processes and considerations as divorce.
Divorce Process and Timeline in Michigan
Filing a Petition for Divorce
To initiate the divorce process in Michigan, you need to file a petition for divorce with the appropriate court. This legal document outlines important information about your marriage, such as the grounds for divorce, child custody arrangements (if applicable), and your desired division of property.
Serving Divorce Papers
Once you file the petition, you must serve your spouse with divorce papers. This involves providing them with copies of the petition and other legal documents, often through a process server or sheriff’s office. Proper service is important to ensure that all parties are aware of the divorce proceedings.
Responding to a Divorce Petition
After being served with divorce papers, your spouse has a specific period to respond. Typically, they have 21 days to file a response, indicating whether they agree or disagree with the terms in the petition. If they fail to respond within the given timeframe, the court may proceed with the divorce based on your initial petition.
Discovery Process in Michigan Divorce
During the divorce process, both parties may engage in a discovery phase. This involves gathering information and evidence related to property, assets, debts, and other relevant matters. Discovery methods can include requests for documents, interrogatories, depositions, and more. It’s essential to work with an attorney who can navigate this process effectively.
Negotiating Settlements or Going to Trial
Once the discovery process is complete, there are typically opportunities for negotiation and settlement discussions between the divorcing parties. The goal is to reach an agreement on critical issues such as property division, child custody, and spousal support. If an agreement cannot be reached, the case may go to trial, and a judge will make decisions based on the evidence presented.
Finalizing the Divorce Decree
Once all matters are resolved, either through settlement or trial, the court will issue a final judgment of divorce. This document, known as the divorce decree, outlines the terms of the divorce, including property division, child custody, visitation schedules, and support obligations. It’s important to review the decree carefully and ensure compliance with its terms.
Division of Assets and Debts in Michigan Divorce
Marital Property vs. Separate Property
When it comes to dividing assets and debts in a Michigan divorce, the court considers the distinction between marital property and separate property. Marital property generally includes assets and debts acquired during the marriage, while separate property refers to assets and debts acquired before the marriage or through inheritance or gift.
Equitable Distribution in Michigan
Michigan follows the principle of equitable distribution when dividing marital assets and debts. This means that the court aims to divide property and debts fairly, but not necessarily equally. The court considers various factors, such as each spouse’s contributions to the marriage, the length of the marriage, and the needs of each party.
Factors Considered in Property Division
When determining the division of assets and debts, Michigan courts consider several factors, including the length of the marriage, the contributions of each party to the marital estate, the health and age of the parties, and the earning capacity of each spouse. The court aims to achieve a fair and reasonable distribution based on these factors.
Valuing and Assigning Debts
In addition to dividing assets, Michigan courts also consider the equitable distribution of debts. Debts acquired during the marriage may be allocated between spouses in a similar manner as assets. The court examines the nature of the debt, who benefited from it, and each spouse’s ability to pay. It’s important to work with an attorney who can provide guidance in valuing and assigning debts effectively.
Remember, while this article provides a general overview, it’s crucial to consult with a qualified attorney who can analyze your specific situation and guide you through the divorce process in Michigan. Divorce can be emotionally challenging, but with the right support, you can navigate it successfully and begin a new chapter in your life5. Child Custody and Support in Michigan Divorce
When it comes to the well-being of your little ones, divorce can be a tricky pickle. But fear not! In Michigan, there are clear guidelines and considerations to help you navigate the choppy waters of child custody and support.
Types of Child Custody in Michigan
Michigan recognizes two main types of child custody: legal custody and physical custody. Legal custody refers to the right of a parent to make important decisions regarding their child’s upbringing, such as education, healthcare, and religious practices. Physical custody, on the other hand, determines where the child will primarily reside.
Factors Influencing Child Custody Decisions
When determining child custody in Michigan, the court takes several factors into account. These may include the child’s emotional bond with each parent, the parenting skills of each party, the willingness of each parent to foster a relationship with the other, the child’s adjustment to their home, school, and community, and any history of domestic violence or substance abuse.
Parenting Time and Visitation Rights
Michigan encourages a healthy and ongoing relationship between children and both parents. Parenting time, also known as visitation rights, determines the schedule and frequency of the non-custodial parent’s time with the child. The court may establish a parenting time schedule or leave it up to the parents to come to an agreement.
Child Support Guidelines in Michigan
When it comes to ensuring the financial well-being of your children, Michigan has clear guidelines for child support. These guidelines consider factors such as each parent’s income, the number of children involved, and the amount of time each parent spends with the children. Fairness and adequacy are the driving forces behind these guidelines to ensure that the child’s needs are met.
Modifying Child Custody and Support Orders
Life happens, and circumstances can change after a divorce. If the original child custody or support orders no longer meet the needs of your family, it is possible to request modifications through the court. However, it is important to show a substantial and continuing change in circumstances that justifies the need for modification.
Spousal Support (Alimony) in Michigan Divorce
Ah, spousal support – the sometimes-controversial topic that can make or break a divorce settlement. In Michigan, spousal support, also known as alimony, aims to provide financial assistance to the lesser-earning or non-earning spouse during and after the divorce process.
Types of Spousal Support in Michigan
In Michigan, there are three main types of spousal support: temporary spousal support, rehabilitative spousal support, and permanent spousal support. Temporary support is awarded during the divorce process to maintain the status quo. Rehabilitative support aims to help the recipient spouse become self-supporting within a specific period by providing financial assistance for education or training. Permanent support is rare and typically reserved for long-term marriages where one spouse cannot achieve self-sufficiency.
Factors Influencing Spousal Support Decisions
When determining spousal support in Michigan, the court considers various factors, including the length of the marriage, the age and health of each spouse, each spouse’s earning capacity, the standard of living during the marriage, and the contributions of each party to the marriage, both monetary and non-monetary.
Frequently Asked Questions about Divorce in Michigan
1. Can I file for divorce in Michigan if my spouse and I are living in different states?
Yes, as long as you or your spouse meet the residency requirements of Michigan, you can file for divorce in the state, even if you are living in different states. It is advisable to consult with an attorney to understand the specific requirements and implications of filing for divorce across state lines.
2. How is child custody determined in Michigan?
In Michigan, child custody decisions are based on the best interests of the child. Factors such as the child’s relationship with each parent, the ability of each parent to provide for the child’s needs, and the child’s preferences (depending on their age and maturity) are taken into consideration. The court encourages parents to reach a mutually agreed-upon custody arrangement, but if that is not possible, the court will make a determination based on the child’s best interests.
3. What factors are considered in the division of assets and debts in a Michigan divorce?
In Michigan, marital property is subject to equitable distribution. Factors such as the duration of the marriage, each spouse’s contribution to the marital estate, the age and health of the parties, and the earning capacity of each spouse are considered when dividing assets and debts. It is important to note that equitable distribution does not necessarily mean an equal 50/50 split, but rather a fair division based on the specific circumstances of the case.
4. Can I modify child custody or support orders after the divorce is finalized?
Yes, child custody and support orders can be modified after the divorce is finalized if there is a significant change in circumstances. However, the party seeking the modification must demonstrate that the change is in the best interests of the child. It is advisable to consult with an attorney to understand the specific requirements and procedures for modifying child custody or support orders in Michigan.
If you or someone you know has been accused of a crime or DUI. Call Komorn Law and turn the odds in your favor. Call Now 248-357-2550
DISCLAIMER This website and/or post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas, private stuff, work related information, non work related information and general internet BS. Therefore…Before you believe anything on the internet regarding anything and everything – do your research on “Official Government and State Sites”, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain. You’re on the internet.
You’re not the same person you were when you were younger.
You’re not the same person you were when you were younger. Your life, your goals, your friends and you have changed. Yet you have this weight on your shoulders of your past. A lot of it was probably over charged by the “justice” system to take your money to keep the lights on in the court house and control you. Take advantage of the current expungement laws before they change again.
Having a criminal record can significantly impact your life and limit your opportunities, including employment and housing. If you have a criminal record in Michigan, you may be eligible to have it expunged or sealed under certain circumstances.
Expungement is the process of clearing or sealing a criminal record, and it can provide a fresh start for those who have made mistakes in the past. In this article, we will outline the steps to expunge your record in Michigan, including eligibility criteria, the expungement process, and post-expungement considerations.
Expungement is a legal process that allows individuals to have certain criminal records removed or “sealed” from public view. In Michigan, expungement is also referred to as “setting aside” a conviction.
Types of Criminal Records That Can Be Expunged
In Michigan, certain felony and misdemeanor convictions, including traffic offenses, can be expunged. However, some serious offenses such as criminal sexual conduct or some traffic offenses involving alcohol cannot be expunged.
Benefits of Expungement
Expungement can provide significant benefits to individuals by allowing them to have a fresh start. It can improve their chances of securing employment, housing, and educational opportunities. It can also remove the stigma associated with having a criminal record.
Eligibility Criteria for Expungement
Overview of Eligible Offenses
In Michigan, individuals with one felony or two misdemeanor convictions may be eligible for expungement. However, some offenses such as assaultive crimes or serious traffic offenses cannot be expunged.
Waiting Period Requirements
There are waiting period requirements that must be met before an individual can apply for expungement. The waiting periods vary depending on the offense and can range from three to seven years.
Additional Eligibility Factors
In addition to waiting periods, there are other factors that can affect an individual’s eligibility for expungement. For example, the individual must have a clean criminal record after the conviction they want to expunge, and they cannot have more than one felony conviction in their lifetime.
Preparing for the Expungement Process
Gathering Required Information
To apply for expungement, an individual must gather information about their criminal record, including the date of the conviction, the court where the conviction was entered, and the offense they want to expunge.
Obtaining Court Documents
To file the petition for expungement, an individual must obtain court documents related to their conviction. These may include the judgment of sentence or a certificate of conviction.
Consulting with an Attorney
It is highly recommended that individuals seeking expungement consult with an attorney. An attorney can review their case and provide guidance on the eligibility requirements and the expungement process.
To apply for expungement, an individual must complete a petition form and attach all required documents. The form must be completed accurately and thoroughly.
Filing the Petition with the Court
The completed petition form and all required documents must be filed with the court where the individual was convicted. A copy of the petition must also be served on the prosecutor’s office.
Paying Filing Fees
There is a filing fee required to file a petition for expungement. The fee amount may vary depending on the county in which the petition is filed. It is important to note that the fee is non-refundable, even if the petition is denied.
Attending the Expungement Hearing
Expungement is the legal process of erasing or sealing a criminal record from public view. If you’re seeking to expunge your record in Michigan, attending a hearing is a critical step in the process. Here are the steps to follow when attending an expungement hearing for a Michigan criminal record.
Preparing for the Hearing
Before attending the hearing, ensure that you have prepared all the required documents according to Michigan law. This includes a petition for expungement, Michigan State Police criminal history report, proof of service and consent, court fee payment receipt, and any other supporting documents required by the court.
You should also dress appropriately for the hearing to make a good impression. Choose something professional or business casual, avoid wearing anything too flashy or informal, and make sure to groom yourself to look presentable.
Presenting Your Case to the Judge
When presenting your case to the judge, be honest, direct, and respectful. Explain why you’re seeking an expungement and the positive changes you’ve made in your life since your conviction. Provide any evidence that supports your case, such as letters of recommendation, employment history, and education certificates.
Make sure to answer all questions from the judge, prosecutor, or any other party involved with the hearing. Speak clearly and confidently and remember to remain calm and composed throughout the hearing process.
Receiving the Judge’s Decision
Once you’ve presented your case, the judge will make a decision to grant or deny your expungement request. If your request is granted, your criminal record will be sealed or erased. However, if your request is denied, you may need to wait for a specified period before filing for expungement again.
If your request is granted, you will probably receive a discharge order, which will confirm that your conviction has been erased, and you’re no longer required to disclose it to potential employers or landlords.
Post-Expungement Considerations and Benefits
Updating Your Criminal Record
After receiving an expungement, you need to update your criminal record to reflect the change in your status. This means that you’ll need to notify any relevant parties or agencies, such as employers and law enforcement agencies, about the expungement.
Benefits of Expungement on Employment and Housing
Expungement of your criminal record will have a significant impact on your employment and housing opportunities. With a clean record, you’re eligible for more job opportunities and can apply for housing without fear of being rejected due to your criminal history.
Limitations of Expungement
Although expungement can erase or seal a criminal record, it does not mean that the record would be destroyed entirely. The record will still be available to law enforcement agencies, and it may affect your eligibility for certain professional licenses and immigration status.
Common Mistakes to Avoid During the Expungement Process
Filing for Expungement Too Soon
In Michigan, you can apply for an expungement only after five years have passed since your conviction, so filing too soon will result in an automatic denial.
Not Including Required Information on the Petition
Failing to include all the necessary information on your petition for expungement can also lead to a denial. Ensure that you provide accurate and complete information about your conviction, such as the date of conviction, charge, and court location.
Not Disclosing All Convictions
Not disclosing all convictions, even those that have been expunged, can lead to serious legal repercussions. It’s important to be honest and transparent about your criminal record to avoid any legal issues in the future.Expungement can be a life-changing process that provides a new start for those who have made mistakes in the past. By following the steps outlined in this article, you can take the necessary steps to clear or seal your criminal record in Michigan and move forward with your life. Remember to consult with an attorney and gather all required information before filing your petition for expungement. With patience, persistence, and the right guidance, you can successfully expunge your record and open up new opportunities for your future.
FAQ
1. Can all criminal records be expunged in Michigan?
Not all criminal records are eligible for expungement in Michigan. Only certain offenses, such as misdemeanors and some non-violent felonies, can be expunged. Additionally, certain waiting periods and eligibility criteria must be met before a record can be expunged.
2. How long does the expungement process take in Michigan?
The expungement process in Michigan can take several months or longer, depending on various factors such as the court’s schedule, the complexity of the case, and the specific eligibility requirements. It’s important to be patient and persistent throughout the process and to seek the guidance of an experienced attorney if possible.
3. Is it necessary to hire an attorney to expunge your record in Michigan?
While it is not necessary to hire an attorney to expunge your record in Michigan, it is highly recommended. An experienced attorney can guide you through the eligibility criteria and requirements, gather necessary information and court documents, and represent you in court. Additionally, an attorney can help ensure that your case is presented in the best possible light to the judge.
4. Can expunged records be accessed by employers or the public?
Expunged records are generally no longer accessible to the public, including potential employers. However, certain government agencies and law enforcement may still have access to the records, and the record may still appear on certain background checks.
If you or someone you know has been accused of a crime, DUI or Drugged Driving. Call Komorn Law and turn your defense into an offense. Call Now 248-357-2550
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas, private stuff and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on “Official Government and State Sites”, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain. You’re on the internet.
We defended our client Michael Thue who was facing a possible life sentence for the following charges in Grand Traverse Court.
1. CONTROL SUBSTANCEDEL/MANU 5-45 KILGRAM 2. POSSESSION SCHEDULE 5 AND LSD 02/14/2023 3. HABITUAL OFFEN-SUP WAR/4 CONV 02/14/2023 4. CONT SUBSTANCE-POSS OF MARIJUANA 02/14/2023
Case Summary
After a SWAT style raid on Thue’s place by law enforcement where they burned his plants and removed several other items Thue retained Komorn Law and lead trial Attorney Michael Komorn jumped in the trench next to his client and started gathering information to aggressively defend him as he does for all his clients.
This was Thue’s 4th strike which means he could have been sentenced under the Michigan Habitual Offenders Sentencing Laws.
This could have been a life sentence (more detail below).
The Judge, who was familiar with Thue, eluded to the fact that Thue being charged with a life defense and now reduced to a misdemeanor indicates the laws in this area are a mess. The judge also said that smaller cannabis entities are being put out of business by larger corporations and couldn’t believe he had to pass sentence stating he was protecting the revenues of the State of Michigan. The judge insisted that Thue had to plea to something in order to be a conviction which ended up being growing more plants than allowed.
The conditions of the 2 year probation sentence were to comply with MMMA laws and MRTMA laws plus costs $800.
State or Federal Cases
CHARGED WITH DUI OR A CANNABIS RELATED CRIME?
Hire a Lawyer that has specialized in fighting for those that want to take a stand against the “justice system”
“‘A trial court, when sentencing a defendant as an habitual offender, must exercise its discretion in setting the maximum sentence, that is, it is not required by law to increase the maximum sentence.’” People v Bonilla-Machado, 489 Mich 412, 429-430 (2011), quoting People v Turski, 436 Mich 878, 878 (1990) (remand was appropriate where the trial court “erroneously asserted that it was bound by law to enhance the maximum sentences”).
A.Second Habitual Offender Status (HO2)
This discussion presumes the prosecutor is seeking an enhanced sentence under MCL 769.13. See Section 4.2 for more information on the prosecutor’s right to seek an enhanced sentence.
A person is a second habitual offender if he or she is convicted of a felony or attempted felony and has been previously convicted of a felony or attempted felony in Michigan or in another state if the violation would have been a felony violation in Michigan. See MCL 769.10(1). A second habitual offender is subject to the following penalties, except as otherwise provided in MCL 769.10 and MCL 771.1:
•If the subsequent felony is punishable on first conviction by a term less than life imprisonment, the court “may place the person on probation[1] or sentence the person to imprisonment for a maximum term that is not more than 1-1/2 times the longest term prescribed for a first conviction of that offense or for a lesser term.” MCL 769.10(1)(a).
•If the subsequent felony is punishable on first conviction by life imprisonment, the court “may place the person on probation[2] or sentence the person to imprisonment for life or for a lesser term.” MCL 769.10(1)(b).
Any term of years sentence must be indeterminate, meaning it must have a minimum and maximum sentence “in terms of years or a fraction of a year[.]” MCL 769.10(2). The maximum sentence must not be “less than the maximum term for a first conviction.” Id.
B.Third Habitual Offender Status (HO3)
This discussion presumes the prosecutor is seeking an enhanced sentence under MCL 769.13. See Section 4.2 for more information on the prosecutor’s right to seek an enhanced sentence.
A person is a third habitual offender if he or she is convicted of a felony or attempted felony and has been previously convicted of any combination of two or more felonies or attempted felonies in Michigan or in another state if the violations would have been felony violations in Michigan. A third habitual offender is subject to the following penalties, except as otherwise provided in MCL 769.11 and MCL 771.1:
•If the subsequent felony is punishable on first conviction by a term less than life imprisonment, the court “may sentence the person to imprisonment for a maximum term that is not more than twice the longest term prescribed by law for a first conviction of that offense or for a lesser term.” MCL 769.11(1)(a).
•If the subsequent felony is punishable on first conviction by life imprisonment, the court “may sentence the person to imprisonment for life or for a lesser term.” MCL 769.11(1)(b).
Any term of years sentence must be indeterminate, meaning it must have a minimum and maximum sentence “in terms of years or a fraction of a year[.]” MCL 769.11(2). The maximum sentence must not be “less than the maximum term for a first conviction.” Id.
C.Fourth Habitual Offender Status (HO4)
This discussion presumes the prosecutor is seeking an enhanced sentence under MCL 769.13. See Section 4.2 for more information on the prosecutor’s right to seek an enhanced sentence.
A person is a fourth habitual offender if he or she is convicted of a felony or attempted felony and has been previously convicted of any combination of three or more felonies or attempted felonies in Michigan or in another state if the violations would have been felony violations in Michigan. A fourth habitual offender is subject to the following penalties:
•“If the subsequent felony is punishable upon a first conviction by imprisonment for a maximum term of 5 years or more or for life, the court, except as otherwise provided in this section or [MCL 771.1], may sentence the person to imprisonment for life or for a lesser term.” MCL 769.12(1)(b).
•“If the subsequent felony is punishable upon a first conviction by imprisonment for a maximum term that is less than 5 years, the court, except as otherwise provided in this section or [MCL 771.1], may sentence the person to imprisonment for a maximum term of not more than 15 years.” MCL 769.12(1)(c).
In addition to the general maximum sentence enhancement provisions set out in MCL 769.12 for fourth habitual offenders, MCL 769.12(1)(a) provides for a mandatory minimum sentence of 25 years’ imprisonment for certain violent offenders. The sentencing court must impose a sentence of imprisonment for not less than 25 years if:
•the offender has been convicted of three or more prior felonies or felony attempts, including at least one listed prior felony,6 and
•the subsequent felony that the offender is convicted of committing or conspiring to commit is a serious crime. MCL 769.12(1)(a).
For purposes of MCL 769.12(1)(a) only, “[n]ot more than [one] conviction arising out of the same transaction shall be considered a prior felony conviction[.]” MCL 769.12(1)(a).
The 25-year mandatory minimum sentence imposed by MCL 769.12(1)(a) does not constitute cruel or unusual punishment under the Michigan Constitution, Const 1963, art 1, § 16.7People v Burkett, 337 Mich App 631, 635-642 (2021) (rejecting what it characterized as a facial challenge to MCL 769.12(1)(a)). “Under the Michigan Constitution, the prohibition against cruel or unusual punishment includes a prohibition on grossly disproportionate sentences.” Burkett, 337 Mich App at 636 (cleaned up). “Legislatively mandated sentences are presumptively proportional and presumptively valid,” and “to overcome the presumption that the sentence is proportionate, a defendant must present unusual circumstances that would render the presumptively proportionate sentence disproportionate.” Id. at 637 (quotation marks and citations omitted). A three-part test is used to determine whether a punishment is cruel or unusual: “(1) the severity of the sentence imposed and the gravity of the offense, (2) a comparison of the penalty to penalties for other crimes under Michigan law, and (3) a comparison between Michigan’s penalty and penalties imposed for the same offense in other states.” Id. at 636-637 (quotation marks and citation omitted). “Consideration of the three-part test leads to the conclusion that the minimum sentence mandated by MCL 769.12(1)(a) is neither cruel nor unusual” because the statute “only applies to individuals convicted of a serious felony who have previously been convicted of three or more felonies, at least one of which is a listed prior felony,” and it “reflects a rational legislative judgment, entitled to deference, that offenders who have committed serious or violent felonies and who continue to commit felonies must be incapacitated.” Burkett, 337 Mich App at 642 (quotation marks and citation omitted).
Any term of years sentence must be indeterminate, meaning it must have a minimum and maximum sentence “in terms of years or a fraction of a year[.]” MCL 769.12(2). The maximum sentence must not be “less than the maximum term for a first conviction.” Id.
1 See Section 9.2 for more information about probation.
2 See Section 9.2 for more information about probation.
6 Only convictions under the specific Michigan statutes listed in MCL 769.12(6)(a) constitute listed prior felonies for purposes of MCL 769.12(1)(a); a conviction in another jurisdiction for an offense comparable to a listed offense does not constitute a listed prior felony for purposes of the mandatory 25-year minimum sentence under MCL 769.12(1)(a). People v Pointer-Bey, 321 Mich App 609, 622-623 (2017) (noting that, unlike the general rule of MCL 769.12(1) that comparable out-of-state convictions are considered when determining fourth-habitual offender status, “MCL 769.12(6)(a) contains no indication that convictions under comparable statutes from other jurisdictions should be considered ‘listed prior felonies’ for purposes of MCL 769.12(1)(a),” and holding that the defendant’s conviction under a federal statute comparable to a Michigan statute listed in MCL 769.12(6)(a) could not be considered for purposes of MCL 769.12(1)(a)).
7 “If a punishment passes muster under the state constitution, then it necessarily passes muster under the federal constitution.” People v Burkett, 337 Mich App 631, 636 (2021) (quotation marks and citation omitted).
