Sentencing for Drunk Driving in Michigan

Hi, I’m Patrick Barone and I’d like to talk to you about sentencing in your Michigan drunk driving case.  It’s important for you to understand that you can’t get to the point of sentencing unless one of two things has happened. 

Either you plead guilty in front of the court.  Meaning you got into court and acknowledged your guilt or either the Judge or a Jury has found you guilty. 
Once your conviction has occurred, then the Judge will refer you to the court’s probation department for an interview and report.  At the interview, the probation officer will be asking you questions about your criminal history.  It’s very important for you to be forthright and honest when answering these questions.  The probation officer will also be asking you questions about your employment background, your family background, your educational background and so forth. 

The probation officer will also be administering what’s called a, “Needs Assessment Test”.  The purpose of that written examination, and some 130 questions, is to help the court’s probation department and therefore the court to determine if you have a drug or alcohol abuse problem.  After you’re interview the court’s probation officer will prepare a written report, which will include the recommendation of sentencing and any treatment that may be necessary. 

Before going to the probation interview, it’s important for you to talk to us about that interview so that you know what to be prepared for.  So that you know what kind of questions will be asked, what type of information you will be expected to provide, what types of things you should bring with you, and so forth. 

We will also be assisting you and preparing for your statement at sentencing, because at sentencing you have an absolute right to make a statement to the Judge.  We will be speaking on your behalf as well, but it’s important for you to be prepared to address why the events occurred and certain information about your background, perhaps most importantly what you have done since the event that occurred, so that the Judge can take all of that into consideration into determining what the appropriate sentencing will be.

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