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Michigan Petition For Reclassification of Criminal Assignment Category and Instructions

State:
Michigan
Control #:
MI-OAK-03
Format:
PDF
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Description

Petition For Reclassification Of Criminal Assignment Category and Instructions

The Michigan Petition for Reclassification of Criminal Assignment Category and Instructions is a legal document used to request a reclassification of an individual’s criminal assignment category with the Michigan Department of Corrections. This document is used by individuals who have been assigned to a higher criminal assignment category than they believe is necessary or appropriate for their particular case. There are two types of petitions for reclassification of criminal assignment category: one for parolees and one for probationers. For parolees, the petition must be filed with the Michigan Department of Corrections Parole Board via the Michigan Department of Corrections website. The petition must include the petitioner’s name, the location of the petitioner’s parole office, the crime of conviction, the petitioner’s current criminal assignment category, the desired criminal assignment category, and a detailed explanation of why the petitioner believes the desired criminal assignment category is appropriate. For probationers, the petition must be filed with the sentencing judge or the probation officer who issued the probation order. The petition must include the petitioner’s name, the crime of conviction, the petitioner’s current criminal assignment category, the desired criminal assignment category, and a detailed explanation of why the petitioner believes the desired criminal assignment category is appropriate. Both types of petitions must also include any additional information that may be helpful in determining whether a reclassification is warranted, such as: the petitioner’s criminal record, any letters of support from family or friends, and any other evidence that may be relevant to the case.

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FAQ

In Michigan, Rule 2.306(F) states that if the stenographer certifies the witness was under oath and that the transcript is a ?true record of the testimony? from the deposition, the transcript does not need to be submitted to the witness to examine and sign. Mich. Comp. Laws Ann.

In Michigan, arraignments must take place ?without unnecessary delay.? If you are arrested without a warrant and evidence was obtained after your arrest, an arraignment must occur within 48 hours to establish probable cause for the arrest.

Arraignment. After arrest, the defendant is brought before the District Court and informed of the charges against them. They are advised of their right to an attorney. The judge then sets bond (bail) and sets a date for the probable cause hearing.

If charges are not filed after the 72 hour period following your arrest, you will be released, but the State still reserves the right to file charges later, as long as they file charges within the statute of limitations.

Fill out form MC 03 (Answer, Civil) on the website or get a paper copy from the court to fill out. Write in the court number, case number, the court address, the court telephone number, and the names, addresses, and telephone numbers of the plaintiff and the defendant exactly as they are on your court papers.

Most criminal offenses in Michigan, including burglary, assault and arson, are covered by a six-year statute of limitations, contained in MCL767.

While an arraignment can be waived in a misdemeanor case, if the court allows it, it can NEVER be waived in a felony case.

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Michigan Petition For Reclassification of Criminal Assignment Category and Instructions