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

Ohio Bill Introduced to Allow Each City to Ban Marijuana

Ohio Bill Introduced to Allow Each City to Ban Marijuana

With just over a week until Ohio’s voter-approved marijuana legalization law takes effect, a lawmaker has introduced a bill that would allow individual municipalities to locally ban the use and home cultivation of cannabis in their jurisdictions. The legislation aims...

read more
It’s not hard to be accused of being a Menace in Michigan

It’s not hard to be accused of being a Menace in Michigan

“You are a menace, you’re talking louder than me, you don’t agree with me and now you're pointing at me with gun fingers. I feel threatened! I’m calling the police”. All over a minor disagreement - probably about paper or plastic. Police arrive and can only do what...

read more
Disturbing the Peace – Laws and Penalties in Michigan

Disturbing the Peace – Laws and Penalties in Michigan

What are the laws and penalties of disturbing the peace in Michigan? Have you ever been in a situation where someone's behavior was so disruptive that it made you feel uncomfortable or unsafe? Maybe it was someone yelling loudly in public, creating a disturbance at a...

read more
Delta-8 in Michigan

Delta-8 in Michigan

Delta-8 is a cannabis compound that has become popular because of its similarity to delta-9. Both delta-8 and delta-9 are cannabinoids and are similar in both their names and their chemical structures. THC is the part of the marijuana plant that produces the "high"...

read more
Police found my friend’s drugs in my car-What do I do?

Police found my friend’s drugs in my car-What do I do?

When you're pulled over by the police and your friend throws their stash under your seat. Are they still your friend? That's up to you. But at the moment you probably are going to take the fall, pay the price and have your life turned inside out and upside down. The...

read more
2021-2022 Michigan Bills Regarding Marijuana Legislation

2021-2022 Michigan Bills Regarding Marijuana Legislation

Search Criteria: Legislative Session = 2021-2022; Full Text (Bill Documents Only) = "marijuana," AND "cannabis" DocumentTypeDescriptionSB 0186 of 2021(PA 4 of 2021)Senate BillAgriculture: industrial hemp; regulations for growing industrial hemp; modify. Amends secs....

read more
Can you drink and drive on private property in Michigan?

Can you drink and drive on private property in Michigan?

You can be arrested for DUI when on private property. Private means only so much. Michigan's drunk driving law allows the police to arrest you for DUI or OUI even if you're on your own property! (1) A person, whether licensed or not, shall not operate a vehicle on a...

read more
Driving Under The Influence Penalties in Michigan

Driving Under The Influence Penalties in Michigan

Prescription drugs, medical marijuana, recreational cannabis, alcohol and more are considered to influence you in a way the law deems a crime.  Therefore you can be charged with operating a motor vehicle or driving under the influence and here are your possible...

read more
Things You Should Know About Boating and Drinking

Things You Should Know About Boating and Drinking

Boating and Drinking When boating and you're the captain - drink all you want and if you're driving - drink as much as you can because it's hot out there. Just make sure it's non alcoholic because nothing but a boatload of trouble comes with being arrested for...

read more
Michael Komorn-Criminal Defense Attorney

About Your Attorney

Attorney Michael Komorn

Categories

Other Topics

Driving Under the Influence

No Results Found

The page you requested could not be found. Try refining your search, or use the navigation above to locate the post.

Michigan

Your Rights

Michigan Court of Appeals

Law Firm VIctories

Share This