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Sunday, June 29, 2014
By Michael Nichols
Nichols Law Firm Attorney Stephanie Tzafaroglou prevented a local jail from holding a Nichols Law Firm client for a longer sentence than was ordered by the Court. The Court sentenced the client to 14 days in jail with credit for one day credit for time served. However, when the client reported to begin his jail sentence he was advised that he would not receive credit for time served because it was not noted on the Judgment of Sentence executed by the Court. The Court indicated that it would not amend its judgment of sentence because the judge failed to annotate credit for time served in his notes despite ordering it on the record. Nichols Law Firm attorney Stephanie Tzafaroglou filed an Emergency Motion to Correct the Sentence. Within hours of filing of the motion, the Court provided the jail with an amended judgment of sentence granting the client credit for time served. The credit for time served was critical for the client as his jail sentence imposed an enormous hardship on his employment.
Michigan Court Rule (MCR) 6.425(E) requires the Court at sentencing to “state the sentence being imposed, including the minimum and maximum sentence if applicable, together with any credit for time served to which the defendant is entitled.” MCR 6.427 requires the Court to sign a written judgment within 7 days of sentencing that states the terms of the sentence. The Court is also required to grant any defendant credit for time served for any jail time served before sentencing due to being denied or unable to furnish bond. MCL 769.11b. If the Court does credit a defendant for time served or improperly calculates credit for time served, the defendant will end up serving a jail sentence than is greater than is permitted by law.
If you require an attorney that will advocate for you until your sentence is complete, contact the Nichols Law Firm at (517) 432-9000 or stzafaroglou@nicholslaw.net.