Submit ZIP Code

Got a Quick Question?

(120 characters remaining)
100% Anonymous. Free Answers.

Is getting a misdemeanor going to send me back to prison because I am a felon?

I have a previous felony that I served 6 years for. I just got a misdemeanor and am awaiting a court date. Are they going to send me to prison because it's more serious to get a misdemeanor as a felon? I've heard of guys that get a couple years because of small crimes - it was just because of their previous record. Please help.


Click here to get answers from a local criminal defense attorney
    Michael Breczinski | Michael Breczinski
    5005 Lapeer Rd
    Burton, MI 48509
    (810) 743-2960
    Not in Michigan, Misdemeanors are not enhanced because of a prior felony but it could be taken into account at sentencing.
    Answer Applies to: Michigan - Replied: 3/26/2013
    Francis Springer | Springer Law Office, PLLC
    1042 Gluckstadt Road, Ste C
    Madison, MS 39110
    (601) 605-5004
    Not necessarily. If you are not in probation or parole and the two charges aren't related, they past felony should not affect the misdemeanor charge. I recommend getting a lawyer to review your case.
    Answer Applies to: Mississippi - Replied: 3/26/2013
    William L. Welch, III | William L. Welch, III Attorney
    111 South Calvert Street
    Baltimore, MD 21045
    (410) 385-5630
    Not automatically, but your prior record is one of the factors a court would consider in sentencing. Sentencing involves whether you have been found guilty in the first place, your prior record, how serious these are in the courts eyes, mitigation, and allocution. An attorney can assist you with evaluating the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to plea bargain or go to trial. If you were to be found guilty, then an attorney can assist you with presenting mitigation, allocution, and a recommendation for a more lenient sentence. and a recommendation for a more lenient sentence.
    Answer Applies to: Maryland - Replied: 3/26/2013
    Laurence Margolis | Laurence H. Margolis PC
    214 S. Mian Street, Ste. 202
    Ann Arbor, MI 48104
    (734) 929-8485
    It all depends on the case, you, and the judge. Normally, if a non violent offense, prison does not result, but it also will depend on your relationship to your PO, the new charge, how much time you had built up, between offenses..etc. I would be happy to discuss in more detail, but it is hard to speculate on what a judge may or may not do when I don't know more facts.
    Answer Applies to: Michigan - Replied: 3/26/2013
    John Toivonen | Toivonen Law Office
    PO Box 15174
    Lansing, MI 48933
    (517) 402-5229
    If you are on probation, the misdemeanor could be a probation violation. That could send you back to prison. I would need to know more to give you a clear answer. The type of felony would have an effect on your situation. But you are innocent until proven guilty. Contact a criminal defense attorney in your area.
    Answer Applies to: Michigan - Replied: 3/26/2013
Click to View More Answers:
1 2
Can't find the question you're looking for? Ask it?
Need personalized legal advice right now? Connect!

Disclaimer: The responses above do not form an attorney-client relationship. These answers may or may not apply to you and should not be relied upon as legal advice. Total Criminal Defense does not make any representation as to the expertise or qualifications of this attorney. These attorneys may or may not be admitted to state bar of your state.

Disclaimer: The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or should be formed by use of the site. The attorney listings on the site are paid attorney advertisements. Your access of/to and use of this site is subject to additional Supplemental Terms.