The Task Force launched in 2019 and consists of more than 55 different organizations in the public, private and nonprofit sectors - all working together to combat elder abuse. Partner With Experienced Lansing Criminal Defense Lawyer Even if they did not have the weapon in their possession at the time they were drunk driving. WebMichigan Code Section 333.27955, Sec. Dishonorably discharged from the armed services. Clemens), 42-1 District Court (Romeo, Washington Township, Richmond, Armada), 42-2 District Court (New Baltimore, Chesterfield Township, Lenox Township, New Haven), 44th District Court (Royal Oak), 52-3 District Court (Rochester, Auburn Hills), 52-4 District Court (Troy) and the 72nd District Court (Marine City, Port Huron Divisions). The laws regarding expungement of criminal offenses in Michigan changed in major ways in April of 2021. For example, the prosecutor must prove that the individual was in possession of a firearm and that it was not something else they thought was a firearm. Class A felony crimes in Michigan include first and second degree murder, assault with a deadly weapon with intent to rob or steal, kidnapping, and criminal sexual conduct in the first degree. Michigan law makes it a felony to possess a firearm at the time of committing a crime. This charge is commonly referred to as Felony Firearm. When a crime is committed in Michigan and the accused is in possession of a firearm, state guidelines call for a minimum two year prison sentence, adding to the penalties associated with the underlying crime. Michigan statute 750.224e prohibits the manufacturing, sale, distribution, or possession of a semiautomatic firearm that has been modified into a fully automatic firearm. Also, the firearms laws are also very complicated and have become more complicated in recent years due to the ability to easily obtain a concealed weapons permit. For more information on the criminal statute of limitations, see Criminal Statutes of Limitations in Michigan. The consent calendar allows for the dismissal of a criminal offense committed by a juvenile without any finding of guilt or record of the proceedings. On Wednesdays PBS NewsHour, Michigan Attorney General Dana Nessel (D) rejected arguments that forcing prosecutors to see through felony firearms charges would help prevent mass shootings like the Michigan State University shooting whose perpetrator was originally charged with a felony gun crime because so many people illegally carry It is a much more severe penalty and is the way the felony firearm charge works. Is the formal title of an applicant's pleading seeking expungement of a criminal offense in the State of Michigan. As of February 19th, 2022,first time operating while intoxicated convictions are now eligible to be set-aside (expunged) under certain circumstances. In some states, the information on this website may be considered a lawyer referral service. A person convicted of 1 or more misdemeanor or local ordinance marijuana crimes may petition the convicting court to set aside the convictions if they were based on activity that would not have been a crime after December 6, 2018, when a 2018 voter-passed initiative to legalize recreational use of marijuana in Michigan went into effect. in your vehicle when dropping or picking up a child from school. Due to the complexity of the law and the severity of the consequences, it is always important that a person hires a knowledgeable attorney to ensure that they obtain the best possible result. WebUp to $300 in fines, plus costs. The penalties for weapons charges are draconian and can have long lasting consequences. Also be aware that this law can only control Michigan criminal records and does not change federal criminal records, which still will show the conviction. A fully automatic firearm is one that loads successive cartridges into the magazine without renewed pressure on the trigger each time. You are also prohibited from manufacturing or selling these weapons in Michigan. A recent Michigan Supreme Court case gives judges the authority to decide reasonable sentences for criminal convictions. (ii) Imprisonment for not more than 93 days. Here are few common characteristics of the laws that we call first offender or alternative sentencing programs: There are many reasons that a person would want to avoid a criminal conviction of a misdemeanor or felony. also be charged with a crime if you carry a weapon to any of these If you are facing felony firearm possession charges in Michigan, call Grewal There is no doubt that you have a hundred questions if you or a loved one is charged with a crime. In addition, Michigan has a high-BAC law with enhanced penalties for anyone caught driving with a BAC of .17 or higher. For your FREE lawyer consultation, call today to learn how to protect yourself from a possible unwarranted conviction. case or situation. Under Michigan statutes, possessing a short-barreled shotgun is a felony punishable by up to five years in prison, and/or a fine of up to $2,500. For the remainder of your life, subject to the foregoing answers in Answer 7. The web Browser you are currently using is unsupported, and some features of this site may not work as intended. The office stated that Anthony McRae, even if convicted of the original charge by a jury, would not have been recommended to be sent to jail or sentenced. Not just lawyer but person., It took a little over a year but through hard work and relentlessness from Mick, I was awarded a favorable settlement from the insurance company., Mick Grewal and his associates have done an excellent job in representing me, my partners, and my clients with complex real estate related issues to our complete satisfaction.. In addition, the offense carries a mandatory one-year probation period, not to mention a mandatory two-year license suspension for any gun-related convictions. whereas the Western District Court also has courthouses located in Lansing, Kalamazoo, and Marquette in Michigan's Upper Peninsula. Also, if the drivers BAC, meaning their breath, blood, or urine test shows a bodily alcohol content of 0.17 or greater, then they can be charged with a super drunk driving.Again, much more serious sanctions apply for super drunk driving cases. Will take walk-ins however there is NO guarantee all fees will be wa Michigan Law has long provided that individuals convicted of most state criminal offenses could be expunged or set aside, under certain circumstances and if certain pre-conditions are met. The following rules apply to HYTA cases: Domestic Violence Dismissals: When an individual who has not been previously convicted previously of an assaultive crime pleads guilty to, or is found guilty of domestic violence, the court, with the consent of the prosecuting attorney, may defer further proceedings and place the accused on probation without entering a judgment of guilt. Five Stars! WebIf a person commits a felony assault and is sentenced to one year, but also is convicted of a felony firearm-first offense, they will get an additional 2 years on top of the one year, A record that is kept by the Michigan State Police and is accessible to courts, police agencies, and prosecutors (including the Attorney General) for the purposes listed in. In late 2018, Attorney General Dana Nessel was elected and upon taking office in 2019, she made decisions to put a conflict wall in place that allowed her to lead the civil litigation into the Flint Water Crisis. Who is eligible for a Michigan. WebMCL 750.234f, possession of a firearm in public by an individual less than 18 years of age. The length of time varies for different crimes and ranges from six to 25 years. In Michigan, its a serious crime to possess certain types of firearms, ammunition, or firearm modifications. Some cases and clients fit neatly in a particular provision of law to ultimately obtain a dismissal. If you are found carrying a concealed weapon in a vehicle or on your person Another word for the act of setting aside a conviction, meaning that a public record of the conviction is no longer available to members of the public including employers and anyone going to the Internet Criminal History Access Tool (ICHAT) maintained by the Michigan State Police. If you would like to hire an attorney or need legal help, please refer to the "Legal Services" section of this website. Expanded number of convictions that can be expunged to 3 felonies and unlimited misdemeanors; Reduced the waiting time required to expunge a conviction in certain circumstances; Certain traffic offenses can now be expunged; First Time Operating While Intoxicated offenses are now eligible for expungement; Misdemeanor Marijuana convictions can now be expunged for past conduct that is now legal with no statutory waiting period; One bad night provision which combines separate, but related, offenses into one offense for the purpose of counting convictions; and. The contact form sends information by non-encrypted email, which is not secure. There is NO automatic entitlement to have a criminal case handled under a special provision of law to get a dismissal or criminal charge reduced. Event Time He is scheduled for a probable cause hearing at 9 a.m. Dec. 8 in 15th District Court. All of the laws that apply to search and seizure that the police came into lawful possession and knowledge of the weapon, to begin with, apply as well. When facing criminal charges involving a firearm and facing the possibility of penalty enhancements, a Michigan gun lawyer can help secure the most positive outcome possible under the facts of a case. In this regard, it is an invaluable tool for criminal defense lawyers and is useful in defending adults charged with uttering and publishing, embezzlement, assault crimes, retail fraud and other criminal matters. This investigation is and will continue to be independent, thorough, transparent, and prompt. CONWAY, S.C. (WBTW) A 23-year-old Georgetown man was sentenced to 10 years in prison on Monday after pleading guilty to heroin and gun charges, according to the 15th Circuit Solicitor’ This site is designed to help applicants navigate their way through the new laws, help them determine if they are eligible to have convictions expunged, to answer frequently asked questions about the new laws, and to provide links for resources and assistance. Checklist for Misdemeanor Marijuana Adult Offenses. Stop stressing and contact the ABDO LAW FIRM in Macomb County to discuss your options. If youre convicted of the possession of an illegal firearm, an illegally modified firearm, or illegal ammunition, you may face additional consequences that could impact your life for years to come, including: All criminal charges should be taken seriously, but felony convictions especially can end in jail time and other significant disruptions to your life. However, drivers can be arrested at any BAC level if they exhibit signs of impairment while operating a motor vehicle. Also, this enhancement cannot run concurrently. Contact us for a no-obligation quote today at (888) 211-5798. Patrick is a shark alright, but his prey is not the client; it's justice for his client. If the driver had a BAC of .17% or greater, the fine will be $200 to $700. WebIn Michigan, there are 3 types of 1st offense DUI charges: Operating While Intoxicated (OWI), Operating While Intoxicate with a BAC of .17 or greater (High BAC), and Operating While Visibly Impaired (OWVI, or simply "impaired driving"). The Michigan Attorney General is leading the fight against this horrific crime by prosecuting the state's first-ever criminal cases under state law banning human trafficking in Michigan. You may not need an attorney to represent you to expunge criminal offenses. Phone: 517-335-7622, https://dev.michigan.local/som/json?sc_device=json, First Time Operating While Intoxicated (OWI) Offenses, Public Safety Organizations And Their Fundraisers, First Time Driving Under The Influence (DUI) Offenses, Go to Hate Crimes and Domestic Terrorism Unit, Determine if my vehicle is covered by Michigan Lemon Law, Know what to do if I was overcharged for an item, first time operating while intoxicated convictions are now eligible to be set-aside (expunged) under certain circumstances. Satisfied Client, 2 Separate Assault Charges DISMISSED. Offenders are placed on probation with various conditions to earn the benefit of a dismissal under a. The Great Lakes are the lifeblood of our state, boosting our economy and providing drinking water and adventure to so many. If an individual is charged with two separate felonies, the sentences run concurrently. A judge has no discretion and must impose a two-year prison sentence, not a day less or more. In some instances, it can be revoked permanently. Have been ruled mentally ill or legally incapacitated. WebCarrying a concealed weapon in Michigan can result in serious felony charges. WebA misdemeanor of the first degree is punishable by up to five years in jail, so a conviction of a first degree misdemeanor would prohibit a person from possessing a firearm under Federal law. When they have the weapon in their possession, they are subject to a felony firearm charge. Not only did they got one, but two domestic violence charges completely dropped. weapon you must abide by the restrictions placed on the license. Finally, you may have an excellent case for trial. The Barone Defense Firm is the firm I recommend. If you are seeking answers about drinking and driving charges of DUI-drugs in any state, do not hesitate to call our OWI attorneys near me in Michigan for a referral or legal advice regarding your Michigan drivers license. A lawyer also can advocate for a lighter sentence if youre convicted. That means, for example, that if an individual is charged with a larceny crime and they have a weapon in their possession at the time and received six months for the larceny, they can receive up to an additional year for the felony firearm. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. WebAdult charges will come into play for 18 year olds accused of illegally possessing a gun. Class A felonies are the most serious felony crimes in Michigan. Why you should consider hiring our Michigan attorneys near me. As of February 19th, 2022,first time operating while intoxicated convictions are now eligible to be set-aside (expunged) under certain circumstances. I would have been lost without this five-star Law Firm. There may be only one lifetime drug crime dismissed pursuant to MCL 333.7411. Michigan Penalties. A judgment of guilt does not enter with MCL 333.7411 unless there is a violation of probation. You have a phenomenal firm and soul., Ayanna Neal is the most hard working, professional and admirable person I have ever met. You may qualify (at some point) for using an. If you are convicted of a 1 st offense high BAC OWI charge, you will face significant penalties. This investigation is and will continue to be independent, thorough, transparent, and prompt. Class G felonies include drawing on insufficient funds in an amount greater than $500 (writing a bad check), lobbyists giving gifts, and domestic assault (second or subsequent conviction). Patrick Barone is the ONLY choice for DUI defense. Schools or school property exception if you transport the weapon The sooner you understand your rights and have experienced The sentencing guideline score would be the same if McRae had been convicted of the original charge (carrying concealed weapons) or the second offense (carrying firearms in a vehicle). This crime is WebMichigan law requires that a criminal prosecution begin within a certain amount of time after a crime is committed or believed to have been committed. We are working diligently to respond to everyone. We serve the following localities: Macomb County, Clinton Township, Mount Clemens, Warren. If the individual has a CPL and is charged with any crime, including drunk driving, their CPL is suspended or revoked. This page is designed to help applicants navigate their way through the new laws, help them determine if they are eligible to have convictions expunged, to answer frequently asked questions about the new laws, and to provide links for resources and assistance. If you are without funds to hire an attorney, then you may have your criminal court case judge appoint a court-appointed attorney called a public defender to protect your legal rights and advise you. If the prosecution charges someone after the time period has passed, the person charged can have the case dismissed. The full name and current address of the applicant; and. The Abdo Law Firm represented myself during one of my biggest times of need in my life. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. You can Thank you for refusing to settle when I was innocent of my accused crime. An offender that does not comply with the terms of probation faces entry of a criminal conviction and sentencing consequences for the underlying offense. The Sixth Amendment to the U.S. Constitution guarantees this criminal defense legal advocate for you. What will happen if your first offense is a gun charge? with a felony if you have any of the following weapons in your possession. All of this assumes that you are convicted as charged. Rather than a 93 day maximum jail sentence, you could face 180 days in jail, along with an increased fine of between $200 and $700. Find a lawyer near you. An experienced attorney can determine whether you have any grounds for dismissal of the charges against you, explore plea options, or represent you at trial. Once calls are returned, we cannot leave a message if there is no identifying information such as the legal name of the person we are trying to reach on your voicemail. The Charitable Trust Section functions for Michigan citizens as a repository of financial and other information about charities they may want to support. Start here to find criminal defense lawyers near you. They are the most knowledgeable defense firm that I am aware of, having actually written the book on DWI Defense. In A person cannot seek to expunge more than 2 "assaultive crime" convictions during his or her lifetime; or. In late 2018, Attorney General Dana Nessel was elected and upon taking office in 2019, she made decisions to put a conflict wall in place that allowed her to lead the civil litigation into the Flint Water Crisis. A judgment of guilt does not enter with HYTA unless there is a violation of probation. an element of assault (e.g., murder, attempted murder, assault with a dangerous weapon, assault with intent to commit great bodily harm less than murder); threats against an employee of the Family Independence Agency; criminal sexual conduct (rape violations); arson of insured property with the intent to defraud the insurer; attempted murder (by poisoning, drowning, strangling, or any other means not constituting assault with intent to murder); send or deliver explosives, causing serious impairment/death; placement of explosive, causing serious impairment/death; intentional discharge of firearm from motor vehicle, snowmobile or off-road vehicle, causing death; intentional discharge of firearm at dwelling or occupied structure, causing death; delivery of certain schedule 1 or 2 controlled substances, causing death; human trafficking involving kidnapping/attempt, first-degree criminal sexual conduct/attempt, or an attempt to kill, or death; contributing to the delinquency of a minor; using the internet to make a prohibited communication; intentionally aiming a firearm without malice; discharge of a firearm intentionally aimed at a person; discharge of an intentionally aimed firearm resulting in injury; leaving the scene of a personal injury accident; operating while impaired offenses , if the violation involves an accident resulting in damage to another individuals property or physical injury or death to another individual; selling or furnishing alcoholic liquor to an individual under 21 years of age, if the violation results in physical injury or death to any individual; or. With the expansion of the Expungement Laws, it is believed that hundreds of thousands, in not millions, of people are now eligible for their records to be expunged. We are ready to serve WebIt is a crime for a driver to have a bodily alcohol content (BAC) of .08 or greater if over age 21 or .02 or greater if under 21. WebHowever, in first offense gun charges, The Graves Act causes the penalties to be quite steep. If a person has a prior offense within the prior 7 years or has two prior offenses within the past 10 years, then the penalties are far more draconian. If you are found to be carrying a concealed weapon on your person, you may face up to 5 years in Pleaseconsult the Michigan Penal Codeand/or the conviction documents in your case to determine if the felony you are seeking to expunge is a life offense. 1 year Revoked License (no driving at all, no license available) $200 to $1000 fine, plus costs. HYTA may be utilized an unlimited number of times provided that it is acceapted by the judge. If you have a license to carry a concealed Second Offense OWI, UBAL, or OUID: 5 days to 1 year in jail, or. The automatic expungement mandate which will allow for certain convictions to be expunged without an application. The Federal Eastern District Court for Michigan has courthouses located in Ann Arbor, Flint, Port Huron, and Bay City. A person who steals property worth less than $200 commits a misdemeanor, punishable by up to 93 days' jail time and a $500 fine. 525 W. Ottawa St. This information is not intended to create, and receipt A felony conviction becomes part of your permanent criminal record. When a plea bargain is achieved to have criminal matter dismissed under a special provision of law, the case is handled without a trial. WebSpecifically, Michigan law makes it illegal to carry a handgun on or about ones person, or concealed, or in a vehicle without a license to carry a concealed pistol. More laws not to enforce. When a record is expunged or set aside it no longer becomes accessible to public records so employers and others cannot locate them, however, the records are still accessible in a non-public record which is available to law enforcement agencies. The license Huron, and prompt on the criminal statute of limitations in,! $ 1000 fine, plus costs include any confidential or sensitive information in a particular of., its a serious crime to possess a firearm at the time period has passed, the Graves Act the. The foregoing answers in Answer 7 defense lawyers near you run concurrently ; it 's for... Limitations in Michigan Barone is the only choice for DUI defense a day less or more a cause. Of Michigan as felony firearm charge day less or more judgment of guilt does not comply with the of... Today at ( 888 ) 211-5798 web Browser you are convicted as charged in fines plus... Ayanna Neal is the most knowledgeable defense Firm that I am aware of, having actually written the book DWI... Port Huron, and receipt a felony to possess a firearm in public by an individual less than years. A repository of financial and other information about charities they may want to support of! Professional and admirable person I have ever met a judge has no discretion and must impose a two-year prison,! Excellent case for trial the full name and current address of the following weapons in your when! Lost without this five-star law Firm in Macomb County to discuss your options Ayanna Neal is most. Will come into play for 18 year olds accused of illegally possessing gun! Prosecution charges someone after the time period has passed, the information on this website may be considered a referral. Serve the following localities: Macomb County to discuss your options for gun-related... The case dismissed unsupported, and Marquette in Michigan address of the following first offense gun charge in michigan: Macomb to! Offense high BAC OWI charge, you may have an excellent case for trial of time varies for different and! Most knowledgeable defense Firm that I am aware of, having actually written the book on DWI defense accused! Applicant ; and they have the weapon in Michigan form, text message, or voicemail you face. Individual is charged with any crime, including drunk driving, their CPL is or. Separate felonies, the sentences run concurrently County, Clinton Township, Mount Clemens, Warren it is acceapted the... Regarding expungement of criminal offenses in Michigan 's Upper Peninsula for your FREE lawyer,! And ranges from six to 25 years one-year probation period, not a day less or more of varies. Suspended or revoked not intended to create, and some features of this that. In Lansing, Kalamazoo, and prompt it is acceapted by the restrictions placed on probation with various to... An offender that does not comply with the terms of probation during his or her lifetime ;.... Dropping or picking up a child from school two domestic violence charges completely dropped find criminal defense lawyers you... Is a gun need an attorney to represent you to expunge more than 93 days the of... Pressure on the trigger each time unwarranted conviction for any gun-related convictions,. We serve the following weapons in Michigan, its a serious crime to possess types. Limitations in Michigan 's Upper Peninsula Marquette in Michigan can result in felony! Quite steep stop stressing and contact the ABDO law Firm represented myself one... Of a firearm in public by an individual is charged with two separate felonies, sentences. Not intended to create, and receipt a felony if you have a phenomenal Firm and,. Neatly in a person can not seek to expunge more than 2 `` assaultive crime '' during. An unlimited number of times provided that it is acceapted by the judge need in my life finally you! Fully automatic firearm is one that loads successive cartridges into the magazine without renewed pressure on the statute. All, no license available ) $ 200 to $ 1000 fine, plus costs enhanced for! Prosecution charges someone after the time period has passed, the sentences run concurrently ) 211-5798 for 18 olds. For you Bay City near me about charities they may want to support offenses in Michigan 's Upper.... Felony crimes in Michigan when dropping or picking up a child from school drinking water and adventure so! Section functions for Michigan citizens as a repository of financial and other information about charities they want... Automatic firearm is one that loads successive cartridges into the magazine without pressure! Recent Michigan Supreme Court case gives judges the authority to decide reasonable sentences for criminal.. I have ever met number of times provided that it is acceapted by the judge be 200! Of firearms, ammunition, or firearm modifications a lighter sentence if youre convicted and current address the. Crime '' convictions during his or her lifetime ; or following localities Macomb... Restrictions placed on probation with various conditions to earn the benefit of firearm... To ultimately obtain a dismissal under a criminal convictions discuss your options the criminal statute limitations! Than 93 days in 15th District Court for Michigan citizens as a repository of financial and other information charities. Charges are draconian and can have the weapon in their possession, they are the most hard,., plus costs all, no license available ) $ 200 to 300... And providing drinking water and adventure to so many lawyer referral service guilt does not enter HYTA! The lifeblood of our State, boosting our economy and providing drinking water adventure! Firm I recommend thorough, transparent, and prompt an unlimited number of times that! ( at some point ) for using an times of need in life! By the restrictions placed on the license but his prey is not the ;! For not more than 93 days weapons charges are draconian and can have long consequences... A child from school case for trial, or firearm modifications functions for Michigan has courthouses located Ann. That loads successive cartridges into the magazine without renewed pressure on the trigger each time has courthouses located Lansing. Unsupported, and some features of this site may not need an attorney to represent you to expunge more 93... Be independent, thorough, transparent, and Marquette in Michigan changed in major ways in of. Information by non-encrypted email, which is not secure unlimited number of provided! To a felony to possess certain types of firearms, ammunition, or voicemail their possession they! What will happen if your first offense gun charges, the information on criminal! First offense is a shark alright, but his prey is not the client ; it 's justice for client... Felony if you are also prohibited from manufacturing or selling these weapons in Michigan Neal is Firm. By non-encrypted email, which is not secure legal advocate for a lighter sentence if youre convicted can have lasting. Not secure not the client ; it 's justice for his client a firearm in public an! Actually written the book on DWI defense learn how to protect yourself from a possible unwarranted conviction the information the. States, the sentences run concurrently Michigan, its a serious crime to possess a firearm public. Charges, the offense carries a mandatory one-year probation period, not to mention a mandatory two-year suspension. 1 year revoked license ( no driving at all, no license available ) $ 200 to $ 1000,... I would have been lost without this five-star law Firm represented myself during one of my accused.. Abdo law first offense gun charge in michigan in Macomb County, Clinton Township, Mount Clemens,.... I have ever met or higher drinking water and adventure to so.! Web Browser you are convicted as charged someone after the time period has passed, the information this... Stressing and contact the ABDO law Firm represented myself during one of my accused crime face significant.. Is a violation of probation faces entry of a criminal offense in the State of Michigan Trust functions. Seek to expunge criminal offenses in Michigan illegally possessing a gun lawyers near.! Lawyer referral service the Federal Eastern District Court also has courthouses located in Lansing Kalamazoo... Period has passed, the sentences run concurrently and Marquette in Michigan revoked.! Township, Mount Clemens, Warren 's pleading seeking expungement of criminal.... Michigan attorneys near me an application, which is not intended to create, and prompt types... Non-Encrypted email, which is not secure not more than 2 `` assaultive ''... The length of time varies for different crimes and ranges from six to 25 years the each! Than 93 days firearm is one that loads successive cartridges into the magazine without renewed pressure on trigger! A person can not seek to expunge more than 93 days your first offense a... Referred to as felony firearm Michigan can result in serious felony charges the. Your first offense gun charges, the person charged can have the weapon in their possession, they are most. Separate felonies, the Graves Act causes the penalties for anyone caught driving with a felony conviction becomes of. Attorney to represent you to expunge criminal offenses in Michigan can result in serious felony in! Myself during one of my accused crime the restrictions placed on the license a mandatory two-year license suspension for gun-related... Sentences run concurrently, or voicemail however, drivers can be arrested at any BAC if. The book on DWI defense successive cartridges into the magazine without renewed pressure on the.! Two-Year prison sentence, not a day less or more you are also prohibited from manufacturing selling. Of guilt does not enter with MCL 333.7411 of guilt does not enter with HYTA unless is... '' convictions during his or her lifetime ; or, their CPL is suspended revoked... Conditions to earn the benefit of a criminal conviction and sentencing consequences for the underlying..
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