Your Past Charges Could Affect Decisions for New Charges

KOMORN LAW

STATE and FEDERAL
Aggressive Legal Defense
All Criminal Allegations / DUI / Drugs
Since 1993

Michigan Court of Appeals – PEOPLE v. JAMES THOMAS MASON, JR.

Jail vs Probation

In People v. James Thomas Mason, Jr., the Michigan Court of Appeals dealt with whether the district court could reasonably depart from the usual “no jail, no probation” presumption for a non-serious misdemeanor conviction, which in this case was driving with a suspended license (DWLS).

The district court sentenced Mason to a 93-day jail term, reasoning that his past offenses indicated a high risk of repeat offenses (recidivism), risk to public safety, and limited potential for rehabilitation.

Mason challenged the sentence, arguing it was harsher than necessary, given that DWLS is generally not considered a serious misdemeanor under Michigan law.

The district court justified its departure by pointing to Mason’s history of drunk driving and other recent charges, including domestic violence.

However, Mason argued that the sentencing was unfairly influenced by a local policy that often imposed jail or probation for similar cases, suggesting a lack of individualized consideration. In his appeal, Mason requested that if resentencing were ordered, a different judge should oversee it to avoid any perceived bias.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

The Michigan Court of Appeals upheld the district court’s decision, finding no abuse of discretion.

The appellate court ruled that the sentence was justified given Mason’s history and that there was no clear evidence of a rigid local policy affecting the court’s sentencing choice. The court also stated that the district court adequately recorded its reasoning, supporting the sentence’s proportionality to the offense and the defendant’s background.

This case thus highlights the balance between standard sentencing guidelines and individualized sentencing based on a defendant’s criminal history.

For more detailed information, you can refer to the PDF here.

Michigan COA Opinion – Mason

Disclaimer: This article provides a general overview and does not substitute for legal advice.  As with any law it can change or be modified and research should be done before you rely on any information provided on the internet. Although we make all attempts to link relevant laws these laws can often be gray and corrupted to fit a narrative. Anyone charged with any alleged crime should consult an attorney for specific legal guidance.

Michigan Laws

When Can Police Confiscate Your Drone in Michigan?

When Can Police Confiscate Your Drone in Michigan?

Someone asked us... Can the police take my drone?As we have seen ... They can charge, arrest you and take your stuff for whatever they want.  You'll have to fight it out in court to get it back.In Michigan, the police can confiscate your drone under certain...

read more
Can I be arrested for flying a drone in Michigan?

Can I be arrested for flying a drone in Michigan?

Someone asked us... Can I be arrested for flying a drone?As we have seen ... They can charge you and arrest you for whatever they want. But Can I Be Arrested or Fined for Flying a Drone? Yes, you can be arrested or fined for breaking Michigan’s drone laws. Under MCL...

read more
What is the Difference Between a Magistrate and a Judge

What is the Difference Between a Magistrate and a Judge

What's the difference between a Magistrate and a Judge in Michigan?In Michigan’s court system, both magistrates and judges play important roles, but they have different responsibilities and authority. Understanding the differences between the two can help you know...

read more
Prohibited person possessing firearm

Prohibited person possessing firearm

Thinking about going hunting? Not if you are a person who is prohibited from possessing a firearm in Michigan.In Michigan, certain individuals are legally prohibited from owning or possessing a firearm. Being caught with a firearm if you fall under this category can...

read more
Unlawful Possession of a Controlled Substance in Michigan

Unlawful Possession of a Controlled Substance in Michigan

Unlawful Possession of a Controlled Substance in MichiganIn Michigan, being caught with illegal drugs can lead to serious consequences. The state has strict laws on drug possession, and unlawful possession of a controlled substance is one of the most common charges....

read more
Obstruction Laws in Michigan

Obstruction Laws in Michigan

Move along or you'll be arrested for Obstruction of "Justice".In Michigan, obstruction is a crime that involves interfering with law enforcement or other officials when they are trying to carry out their duties. Obstruction can cover a wide range of actions, including...

read more
Resisting Arrest in Michigan

Resisting Arrest in Michigan

Stop resisting! Stop resisting!In Michigan, resisting arrest is a serious crime. Under Michigan Compiled Law (MCL) 750.81d, it is illegal to resist or obstruct a police officer or any other law enforcement official when they are performing their duties. This law...

read more
Michael Komorn-Criminal Defense Attorney

About Your Attorney

Attorney Michael Komorn

Categories

Other Topics

Driving Under the Influence

Michigan

Your Rights

Michigan Court of Appeals

Law Firm VIctories

Share This