A lot of clients wonder if the prosecutor is out for blood; generally the answer is NO. I've been a prosecutor in New York City and Michigan, and I've been in that position for thousands of cases. At the misdemeanor level in Michigan, most prosecutors will not have much to say about a defendant's sentence.
In Michigan, the probation department will make a recommendation, and the defense attorney will either ask for the court to follow the recommendation, or modify it in a favorable manner for their client. Some court's forget that the prosecutor is standing there, and for many courts, the prosecutor is not even in attendance. Things change a bit with felony offenses, but the Michigan sentencing guidelines will guide the prosecutor's advocacy and the judge's decision; most prosecutors will simply ask the court to follow the guidelines.
There are of course some cases where a prosecutor will be a true advocate for sentencing. This could very well hurt or favor a defendant; the prosecutor may push for the harshest sentence, or could be a joint advocate for a defendant, simply realizing that this particular defendant deserves a lesser sentence. Generally speaking, a prosecutor will look to protect victims of crime by advocating for tougher sentences, especially in truly serious cases like criminal sexual conduct, assault and other felonies.
In Michigan, the probation department will make a recommendation, and the defense attorney will either ask for the court to follow the recommendation, or modify it in a favorable manner for their client. Some court's forget that the prosecutor is standing there, and for many courts, the prosecutor is not even in attendance. Things change a bit with felony offenses, but the Michigan sentencing guidelines will guide the prosecutor's advocacy and the judge's decision; most prosecutors will simply ask the court to follow the guidelines.
There are of course some cases where a prosecutor will be a true advocate for sentencing. This could very well hurt or favor a defendant; the prosecutor may push for the harshest sentence, or could be a joint advocate for a defendant, simply realizing that this particular defendant deserves a lesser sentence. Generally speaking, a prosecutor will look to protect victims of crime by advocating for tougher sentences, especially in truly serious cases like criminal sexual conduct, assault and other felonies.
