Convicted or facing sentencing? What fines, costs and restitution can be ordered, and what happens if you cannot pay
I am Mitchell Bisson, a Grand Rapids criminal defense lawyer. I have litigated for over 15 years. This page explains the money side of a Michigan criminal sentence: fines, court costs, assessments, supervision fees and restitution. It covers what the law allows, what is mandatory, how restitution is figured and challenged, and what protects you from jail when you honestly cannot pay. I do not promise outcomes, and the amounts a court orders depend on the offense, the judge and the proof.
The short answer. If the court orders any fine, costs or assessment, it must order minimum state costs of $68 for a felony or $50 for a misdemeanor or ordinance violation. MCL 769.1j(1). It must also order a crime victim’s rights assessment of $130 for a felony or $75 for a misdemeanor, one per case. MCL 780.905(1), (2). Restitution is separate: the court must order full restitution to any victim of the course of conduct that gives rise to the conviction. MCL 780.766(2). And the court may not jail you or revoke probation for not paying unless it finds on the record that you are able to comply without manifest hardship and have not made a good-faith effort. MCR 6.425(D)(3)(a).
People often focus on the jail or prison term and treat the money as an afterthought. The money can be larger than the fine on the statute, it can follow you for years, and an unpaid balance can bring a probation violation. Some of it is fixed by statute, some is up to the judge, and restitution can be disputed. Knowing which is which, before sentencing, is where a lawyer can do the most.
What can be ordered at sentencing
At sentencing, or when entry of judgment is deferred or sentencing is delayed by statute, the court must impose the minimum state costs and may impose the fines, costs and assessments listed in the costs statute. MCL 769.1k(1). The table lists the main items.
| Item | What the law says | Authority |
|---|---|---|
| Minimum state costs | Required whenever a fine, costs or assessments are ordered: not less than $68 for a felony and $50 for a misdemeanor or ordinance violation | MCL 769.1j(1) |
| Fine | Any fine authorized by the statute for the offense of conviction. A fine for a felony, misdemeanor or ordinance violation cannot be waived unless costs other than the minimum state cost are also waived | MCL 769.1k(1)(b)(i); MCL 769.1j(5) |
| Costs authorized by the offense statute | Any cost the statute for the offense authorizes | MCL 769.1k(1)(b)(ii) |
| General court costs | The text now in force allows costs reasonably related to the court’s actual costs, without separate calculation, only until December 31, 2026 | MCL 769.1k(1)(b)(iii) |
| Cost of legal assistance | The expenses of providing legal assistance to the defendant, which the court must determine for the particular defendant | MCL 769.1k(1)(b)(iv); People v. Lewis, 503 Mich. 162 (2018) |
| Crime victim assessment | $130 for a felony and $75 for a misdemeanor or ordinance violation, one per criminal case, and a condition of probation | MCL 780.905(1), (2) |
| Probation supervision fee | In circuit court, $30 times the months of probation ordered, up to 60 months; $60 per month with an electronic monitoring device. The court may waive it for an indigent person | MCL 771.3c(1), (2) |
| Restitution | Full restitution to any victim of the course of conduct that gives rise to the conviction, and to certain insurers and agencies that compensated the victim | MCL 780.766(2), (8) |
The statute also allows the court to order additional costs incurred in compelling the defendant’s appearance. MCL 769.1k(2). These apply even if you are placed on probation, probation is later revoked or you are discharged from probation. MCL 769.1k(3). The court may provide for the amounts to be collected at any time, may require payment by wage assignment, and may apply payments above what is owed in one case to what the same person owes in another case. MCL 769.1k(4) to (6).
A date to watch: court costs and the end-of-2026 limit
The general court-cost provision in the statute I read carries an end date: it applies “Until December 31, 2026.” MCL 769.1k(1)(b)(iii). The Legislature has extended that provision before. House Bill 5452 of 2026 would extend it to December 31, 2028. The House passed it on August 26, 2026, and it was referred to the Senate Committee on Civil Rights, Judiciary, and Public Safety on September 9, 2026. It had not been enacted as of October 2026. 2026 HB 5452. Until a change is signed into law, the text on its face is the rule, and for a sentence imposed after December 31, 2026 I check the current statute before quoting any figure. If you are being sentenced near the end of the year, the date of sentencing can matter, and I raise it with the judge and the prosecutor early.
Restitution: who gets it and how it is figured
Restitution is money paid to the victim, not to the court. The statute defines a victim as an individual who suffers direct or threatened physical, financial or emotional harm as a result of the commission of a crime, and in the main restitution subsections it also includes a sole proprietorship, partnership, corporation, association, governmental entity or other legal entity that suffers direct physical or financial harm. MCL 780.766(1). For property loss, the order requires return of the property or payment of the greater of its fair market value on the date of the damage or on the date of sentencing, less the value of what is returned. MCL 780.766(3). For injury, it can include the reasonably determined cost of medical and psychological care, therapy and rehabilitation, after-tax income loss, family treatment costs and homemaking and child care. MCL 780.766(4).
The court must also order restitution to the crime victim services commission or to others who compensated the victim, to the extent of the compensation paid, but all restitution to the victim must be paid before any restitution to anyone else under the order. The court may not order restitution to a victim who has received or will receive compensation for that loss, and it must state its reasons on the record with specificity. MCL 780.766(8). Amounts paid are set off against any later civil recovery by the victim. MCL 780.766(9). That matters when there is a related civil suit: restitution and damages are not supposed to be a double payment.
Restitution and charges that were dropped
The statute ties restitution to “the defendant’s course of conduct that gives rise to the conviction.” MCL 780.766(2). The Michigan Supreme Court held that the statute requires a direct, causal relationship between the conduct underlying the convicted offense and the amount of restitution to be awarded. People v. McKinley, 496 Mich. 410, 420-421 (2014). So a loss from a charge that was dismissed or never proven is not automatically recoverable. Where the plea or the facts connect it to the offense of conviction, the answer can be different, and the wording of the plea and the factual basis matter. The statute also says that for an offense resolved by assignment to youthful trainee status, a delayed sentence or deferred judgment, or in another way that is not an acquittal or unconditional dismissal, the court shall order the restitution the section requires. MCL 780.766(2).
That is why plea language is a restitution issue. Before I recommend a plea, I read the charged counts, the counts that would be dismissed, and the victim’s claimed losses. I would rather negotiate the scope of restitution before the plea than argue about it afterward.
Disputing the amount
The court must consider the amount of the loss sustained by any victim as a result of the offense. The court may have the probation officer gather loss information for the presentence report, and the court must disclose the relevant portions of the report to the defendant and the prosecutor. MCL 780.767(1) to (3). A dispute about the proper amount or type of restitution is resolved by the court by a preponderance of the evidence, and the burden of demonstrating the amount of the loss is on the prosecuting attorney. MCL 780.767(4); MCR 6.425(D)(2)(b). At sentencing, the court must order the dollar amount of restitution. MCR 6.425(D)(1)(f).
In practice a restitution dispute turns on documents: invoices, estimates, insurance payments, medical bills, repair photographs and proof of lost income. I ask for the victim’s documents in advance, compare them with the loss claimed and check whether insurance already paid. The court may later amend an order on a motion by the prosecutor, the victim or the defendant based on new information about the injury, damages or loss. MCL 780.766(22).
How long restitution lasts, and how it is enforced
If the court does not provide otherwise, restitution is to be made immediately, but the court may set a period or installments. MCL 780.766(10). An order of restitution remains effective until it is satisfied in full, it is a judgment and lien against all property of the defendant for the stated amount, and it can be enforced by the prosecutor, the victim or another person named in the order in the same manner as a civil judgment or lien. MCL 780.766(13). When restitution is a condition of probation, the court must order any employed defendant to make regularly scheduled payments, must order a wage assignment after two missed payments, and the probation officer must review the case at least twice a year. MCL 780.766(18).
A defendant who is not in willful default can petition the sentencing judge at any time to modify the method of payment. The court may do so if payment would impose a manifest hardship on the defendant or immediate family and modifying the method will not impose a manifest hardship on the victim. MCL 780.766(12). Because the order lasts until paid, a payment plan you can keep matters more than a plan you will miss. Ask for a realistic one at sentencing.
Inability to pay is not a crime
The Supreme Court held that in revocation proceedings for failure to pay a fine or restitution, a sentencing court must inquire into the reasons for the failure to pay, and that if a probationer could not pay despite sufficient bona fide efforts to acquire the resources, the court must consider alternative measures of punishment other than imprisonment. Bearden v. Georgia, 461 U.S. 660, 672 (1983). Michigan’s court rule says the court shall not sentence a defendant to a term of incarceration, nor revoke probation, for failure to comply with an order to pay money unless it finds on the record that the defendant is able to comply without manifest hardship and has not made a good-faith effort. MCR 6.425(D)(3)(a).
The rule lists what the court considers in deciding manifest hardship: employment status and history, employability and earning ability, the willfulness of the failure to pay, financial resources, basic living expenses such as food, shelter, clothing, necessary medical expenses or child support, and any other special circumstances. MCR 6.425(D)(3)(c). If the court finds you cannot comply without manifest hardship, it may impose a payment alternative such as a payment plan, a modified plan, or waiver of part or all of the money to the extent the law allows. MCR 6.425(D)(3)(b).
The statutes say the same thing in their own terms. A defendant must not be jailed for not paying costs under the costs statute unless the court determines the defendant has the resources and has not made a good-faith effort. MCL 769.1k(10). For restitution, a defendant must not be jailed or incarcerated for a probation or parole violation or otherwise for failure to pay unless the court or parole board determines the defendant has the resources to pay and has not made a good-faith effort. MCL 780.766(14). For costs ordered as part of probation, the court may sanction or revoke only if the probationer has the ability to pay and has not made a good-faith effort to comply, and it must consider employment, earning ability, financial resources and willfulness. MCL 771.3(8).
When a fee for a court-appointed lawyer is the issue, the Michigan Supreme Court has held that the ability-to-pay assessment comes when the fee is enforced, not when it is imposed, and that the defendant must be advised of the enforcement action and given an opportunity to contest it based on indigency. People v. Jackson, 483 Mich. 271, 292-293 (2009). If you get a notice that the court is collecting, respond to it, because that is the moment the ability-to-pay question is decided.
Where your payments go
When a person owes several kinds of money from the same case, the statute sets an order. If victim payments and other obligations are both owed, 50 percent of all money collected is applied to victim payments, and the balance to fines, costs, supervision fees and other assessments. MCL 775.22(2). In state prosecutions, the non-victim portion is applied first to the minimum state costs, then other costs, then fines, then probation or parole supervision fees, then assessments and other payments. MCL 775.22(3). Two practical consequences follow. A payment toward “the case” does not reduce restitution dollar for dollar. And cash you posted yourself as a bond can be applied to what you owe, so a bond refund may be smaller than you expect. MCL 765.15(2).
How I handle the money part of a sentence
- Total it up before the plea. I list every fine, cost, assessment and fee that could apply to the offense and add the restitution the victim claims.
- Tie restitution to the conviction. I read the counts, the factual basis and the claimed loss, and I raise the causal-link rule if the claim reaches beyond the offense of conviction.
- Get the victim’s documents. I compare them with the claim, check for insurance payments and make the prosecutor prove the amount.
- Build the record on ability to pay. I collect proof of income, expenses, dependents and any limits on work, so the court can make the required findings.
- Ask for a payment plan you can keep. I propose installments tied to your actual earnings, and I ask that the order say so.
- Watch the date. I check whether the court-cost provision, a deferral or a delayed sentence changes what applies on the day of sentencing.
- Respond to collection. If the court moves to enforce, I appear, show the efforts you have made and ask for a payment alternative.
Ways the money question can end
- The court orders the minimum costs and a modest fine, with installments you can meet.
- Restitution is reduced after a hearing because the prosecutor cannot prove the amount, or part of the loss is not tied to the conviction.
- The payment method is modified on a hardship petition.
- A probation violation for nonpayment is resolved with a payment alternative after the court makes its findings.
- The full restitution is paid and the lien is released.
Any of these can change if your income changes. I tell clients to keep proof of every payment and every attempt to pay, since good faith is a finding the court must make.
What I need from you
Bring the judgment of sentence or the proposed order, the presentence report if you have it, any restitution request and every bill, receipt and insurance letter the victim has provided. Bring proof of your income, your household expenses and your debts, and a list of anyone who depends on you. Keep a record of every payment you make, with the date, the amount and who received it. If the court or probation sends a notice about nonpayment, bring it to me right away, and do not ignore a hearing date.
Where your Kent County sentence will be handled
I represent clients charged in Grand Rapids, Kentwood, Grandville, Wyoming and across Kent County. A felony begins in district court with an arraignment and, if the case continues, a preliminary examination. MCL 600.8311(c), (e). Michigan law sets the Kent County district courts by municipality. The 61st District Court serves the city of Grand Rapids, the 59th serves the cities of Grandville and Walker, the 62A serves the city of Wyoming and the 62B serves the city of Kentwood. MCL 600.8128a; MCL 600.8130(1)-(3). The 63rd District Court serves the rest of Kent County, which includes the cities of Rockford, Lowell, Cedar Springs and East Grand Rapids and the surrounding townships. MCL 600.8130(4). If the magistrate binds the case over, the felony is arraigned in the circuit court, which for Kent County is the 17th Judicial Circuit. MCL 766.13; MCL 600.8311(f); MCL 600.518. Costs, restitution and payment plans are set by the sentencing judge, and a petition to modify the method of payment goes to that judge or a successor. MCL 780.766(12). Probation supervision fees in circuit court are collected through the Department of Corrections. MCL 771.3c(1).
Why people hire me for a Michigan sentencing matter
You work directly with me, the lawyer handling your case. I tell you what the court can order, what it must order, what we can contest and what the money could mean for your life. I do not promise outcomes. I prepare for sentencing as carefully as for trial, because the financial terms can last long after the jail or probation term ends.
My fee depends on the charges, how complicated the case is and how far it is likely to go. We talk about the fee at the consultation, before you decide whether to hire me.
Questions I hear from people facing fines, costs and restitution in Michigan
Can I be jailed in Michigan if I cannot pay my fines, costs, or restitution?
Not for inability to pay. Under MCR 6.425(D)(3), the court may not sentence you to incarceration, or revoke probation, for failing to comply with an order to pay money unless it finds on the record that you are able to comply without manifest hardship and have not made a good-faith effort. MCL 769.1k(10) and MCL 780.766(14) contain similar protections.
What fines, costs, and assessments will I have to pay if I am convicted in Michigan?
At minimum, if the court orders any fine, costs, or assessment, it must order minimum state costs of $68 for a felony or $50 for a misdemeanor or ordinance violation (MCL 769.1j). The court must also order a crime victim’s rights assessment of $130 for a felony or $75 for a misdemeanor, one per case (MCL 780.905). Beyond that, the judge may add fines, costs, and attorney expenses authorized by law.
What is restitution in a Michigan criminal case, and who gets it?
Restitution is money the court orders you to pay to a victim of the crime. Under MCL 780.766(2), when sentencing a defendant convicted of a crime, the court shall order full restitution to any victim of the course of conduct that gives rise to the conviction, or to the victim’s estate. It can cover property loss, medical and counseling costs, lost income, funeral costs, and certain other losses.
Can I be ordered to pay restitution for charges that were dismissed or never proven?
Generally not for conduct that was not charged and convicted. In People v McKinley, the Michigan Supreme Court held that MCL 780.766(2) requires a direct, causal relationship between the conduct underlying the convicted offense and the restitution awarded, and overruled People v Gahan to the extent it had allowed restitution for losses that were not the factual predicate of the conviction.
Can I dispute the amount of restitution, and how long does a restitution order last?
Yes, you can dispute the amount. Under MCR 6.425(D)(2)(b), a dispute about the proper amount or type of restitution is resolved by the court by a preponderance of the evidence, and the burden of showing the amount of the loss is on the prosecutor. An order stays effective until it is satisfied in full, and it is a judgment and lien against all of your property.
Will I have to pay restitution in Michigan if I get a delayed sentence or youthful trainee status?
Yes. The court must order restitution when a case ends in anything other than an acquittal or an unconditional dismissal, and that includes youthful trainee status and a delayed sentence. Full restitution covers the loss from the offense you are convicted of, and an insurer that paid the loss can be repaid too. An order of restitution is a judgment and a lien against your property. You can ask the court to modify the method of payment if you are not in willful default, payment causes a manifest hardship to you or your family, and a change will not cause a manifest hardship to the victim.
Will I have to pay back the cost of a court-appointed lawyer in Michigan?
Possibly. If the court finds you can pay part of the cost, MCR 6.005(C) allows it to require a contribution and set a collection plan. MCL 769.1k also lets the court impose the expenses of providing legal assistance to you as part of a sentence. The court must consider your ability to pay before it can jail you or revoke probation for nonpayment of costs (MCL 769.1k(10); MCR 6.425(D)(3)), and for probation costs it must account for your finances (MCL 771.3(6)(a)).
Related Michigan pages
- Grand Rapids criminal defense lawyer
- Trial, sentencing and habitual offender
- Probation violation
- Felony defense
- Pleas and plea deals
I represent people facing fines, costs and restitution at sentencing in Kent County and West Michigan. Contact me 24/7 by phone or email. Your Rights, My Fight! Call for a free initial consultation.
Big-Firm Power. Street-Level Grit.
Law Offices of Mitchell S. Bisson, 2828 Kraft Ave SE, Suite 295, Grand Rapids, MI 49512, serving Kent County and West Michigan.
This page provides general information about Michigan law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Consult a licensed attorney about your specific situation.