Friedman Legal Solutions, PLLC

Criminal Appellate & Post-Conviction Services

Circuit Appeal

Oakland Circuit Court Finds District Court Judges Cannot Impose Jail Sentence for a Probation Violation on MIP

Yesterday, Judge Kumar of the Oakland County Circuit Court put a stop to a practice that many District Court Judges throughout the state are doing. Prosecuting college students under the age of 21 for minor in possession has become the latest rage in District Courts. Daniel Sowell was a student at Oakland University who pled guilty without counsel to minor in possession. He was sentenced to eighteen months probation. The District Court sentenced Mr. Sowell to an eight day jail sentence sentence in the Oakland County Jail’s WWAM program. Judge Kumar of the Oakland County Circuit Court reversed the ruling stating that jail was not statutorily authorized for MIP violations. People v Sowell, Oakland Circuit No. 09-DA-9011-AR.