07/24/2024
THE RACE FOR PROSECUTOR
There is some troubling misinformation going around about the sentencing and plea bargaining of cases, primarily s*x offenders in Shiawassee County. It is troubling to me because regardless of who you vote for Shiawassee County Prosecutor, it should not be based on misinformation.
Our law makers have developed sentencing guidelines that dictate the range for sentencing on felony cases. Neither the Shiawassee County Prosecutor or our Circuit Judge set these guidelines. I have run the guidelines in these types of cases and for whatever reason the guidelines for the child po*******hy and related offenses are surprisingly lenient. It is perceived by the public, and for good reason, a very severe offense but the guidelines passed by our lawmakers do not agree. This issue should be discussed with the lawmakers in Lansing instead of blaming a Judge or Prosecutor.
The aim of the misinformation is to blame plea bargaining. When a Prosecutor dismisses multiple felonies and allows a plea to others there are many factors, it could be a weak case, the evidence may not support a conviction on some counts, a victim may not want to testify, or in some cases it may raise the guideline range. Dismissed felonies are scored when calculating the guidelines so the guidelines may be higher if multiple felonies are dismissed rather than a trial and conviction on all counts. If an offender is convicted on multiple offenses, 90 percent of the time those sentences are served together. So many times, it does make the sentence more severe if you go to trial and convict the Defendant on all offenses. These and other factors are considered by a Prosecutor when a plea agreement is offered.
So, people think it is the plea bargain or the Judge being lenient that is dictating the perceived low sentences, but it is actually the sentencing guidelines that dictate the maximum sentence. These are constraints the Circuit Judge must follow and can deviate if there are exceptional circumstances.
Finally, I live and practice law in this community, there needs to be some perspective added to the conversation. From my perspective practicing in 5 bordering counties. The percentage of Defendants convicted of felonies going to prison in Shiawassee County seems to be much higher than in any of our surrounding counties. So, it seems to me that our Prosecutor and Judge are doing their jobs if you are wanting people to be punished to the highest extent.
