My brother was shot in the head with an ak47 the kid who killed him was charged with manslaughter and plead guilty. Can the judge increase c...

Question

My brother was shot in the head with an ak47 the kid who killed him was charged with manslaughter and plead guilty. Can the judge increase charges to murder before he is sentenced? He atmitted to aiming the gun at him also has military backround! I live in michigan and really need some advive

Answer

Judges do not charge people, prosecuting attorneys do. The judge can either accept the plea or not but cannot change the charges. Your discussion should be with the prosecutor. Keep in mind that sometimes a prosecutor will offer a reduced plea due to the facts of the case and whether or not he or she can prove a higher charge beyond a reasonable doubt. I hope this helps a bit. I am sorry for your loss.

Answer

I agree with Edward. You certainly can participate in the sentencing, however. Speak to the prosecutor and probation department to make your wishes known.