Probation, restitution, parole and warrants in Michigan

A delayed sentence lets the court put off sentencing for up to 1 year after a plea or verdict so you can show you deserve probation or other leniency. MCL 771.1 limits it to offenses where probation is available. MCL 771.1 bars probation for murder, treason, first- or third-degree criminal sexual conduct, armed robbery, and major controlled substance offenses, and the statute for a particular offense can bar it too.

To place you on probation, the court must find that you are not likely again to engage in an offensive or criminal course of conduct and that the public good does not require that you suffer the penalty imposed by law. When sentencing is delayed, the court must enter an order stating the reason, and the delay does not take away the court's jurisdiction to sentence you at any time during it. The delay can include something like participation in a drug treatment court. In circuit court, the delayed sentence order must have the Department of Corrections collect a supervision fee of $30 per month of delay, up to 12 months, or $60 per month with an electronic monitoring device, and the court may waive the fee if you are indigent. A delayed sentence is not a promise of a particular outcome. If you do poorly during the delay, the judge can sentence you.

Authority: MCL 771.1. Reviewed Oct. 27, 2026.

Under MCL 771.2, misdemeanor probation cannot exceed 2 years and felony probation cannot exceed 3 years, with exceptions in MCL 771.2a and in section 36 of chapter VIII of the Code of Criminal Procedure. A felony probation term can be extended up to 2 times, for no more than 1 additional year each time, if the court finds a specific rehabilitation goal not yet achieved or a specific, articulable, and ongoing risk of harm to a victim that only continued supervision can address.

MCL 771.2a allows longer probation for some offenses: up to 5 years for a violent felony, for an offense under MCL 750.411h, and for a misdemeanor under MCL 750.136b, and any term of years but not less than 5 years for an offense under MCL 750.411i and for listed offenses. Those exceptions are why a sentence of probation of more than 3 years is not necessarily unlawful. Probation conditions and the length are set by court order, and the court may amend the order in form or substance. The probation department can also notify the court that you may be eligible for early discharge, discussed in a separate answer. Check your order for the exact end date and for any extension findings, because a probation term that was extended without the required findings can be challenged.

Authority: MCL 771.2; MCL 771.2a. Reviewed Oct. 27, 2026.

Possibly. Under MCL 771.2(2), after you complete half of the original felony or misdemeanor probation period you may be eligible for early discharge, unless MCL 771.2a or section 36 of chapter VIII of the Code of Criminal Procedure applies or your offense is listed in MCL 771.2(10). When you have completed all required programming, the probation department may notify the court. If it does not, and you have not violated probation in the prior 3 months, you may notify the court on a form from the State Court Administrative Office.

The court decides whether your behavior warrants a reduction. If it decides against early discharge it must hold a hearing where you can make your case, and a hearing is also required before early discharge in a felony case where a victim has requested notice, and in an eligible misdemeanor case under MCL 750.81, 750.81a or 750.136b (MCL 771.2(7)). The exclusions in MCL 771.2(10) include domestic violence related assaults, stalking offenses, certain criminal sexual conduct offenses, and listed offenses. You cannot be treated as ineligible just because you are unable to pay for probation conditions or outstanding fines, fees, or costs, so long as you have made good-faith efforts to pay, although you still owe those amounts after discharge. If you owe restitution, the court must consider the impact of early discharge on the victim and on payment. When you have made a good-faith effort to pay restitution and are otherwise eligible, the court may grant early discharge or keep you on probation, up to the maximum allowed, with the sole condition of continuing restitution. The court must tell you at sentencing about your eligibility and the procedure. Keep proof of completed programs, steady work, and payments.

Authority: MCL 771.2. Reviewed Oct. 27, 2026.

MCL 771.3 requires some conditions: no new crimes, not leaving the state without the court's consent, reporting to your probation officer, paying restitution, assessments, minimum state costs, and (in circuit court) a supervision fee. The court may add up to 12 months of jail, fines and costs, community service, treatment, house arrest, electronic monitoring, no-contact conditions, and other lawful conditions.

Other listed options include mental health or substance abuse counseling, a drug treatment court, a community corrections program, a residential program, wage assignment, completing a GED, and reimbursing the county for costs related to your conviction. Under MCL 771.3(11), the conditions the court chooses under subsections (2) and (3) must be individually tailored to you, must address your assessed risks and needs, must be designed to reduce recidivism, and must be adjusted when appropriate. The court must also consider the victim's input and safety. Costs on probation are limited to expenses specifically incurred in prosecuting you or providing legal assistance to you, and supervision. If a condition is impractical, such as a treatment program you cannot afford, ask your lawyer to move to modify it before you miss a deadline. A court may not bar marijuana use that complies with the Michigan Regulation and Taxation of Marihuana Act solely because it violates federal law (People v Hess, No. 167895 (Mich July 6, 2026)), though the Court left open whether such a ban can be imposed as an individually tailored condition. Hess is a recent decision, and this answer reflects it as of Oct. 27, 2026.

Authority: MCL 771.3; People v Hess, No. 167895 (Mich July 6, 2026). Reviewed Oct. 27, 2026.

The court can hold a revocation hearing and, if probation is revoked, sentence you as if probation had never been granted. Under MCL 771.4, revocation and incarceration should be imposed only for repeated technical violations, new criminal behavior, as otherwise allowed, or on your request, and MCL 771.4b caps jail time for the first three technical violations, with no per-violation cap on a fourth or later one. You are entitled to a written copy of the charges and a probation revocation hearing.

The hearing is summary and informal and is not subject to the rules of evidence or pleadings that apply in criminal trials. For a technical violation, such as a missed report date or a failed drug test, MCL 771.4b limits jail to 5, 10, and then 15 days for a first, second, and third violation on misdemeanor probation, and 15, 30, and then 45 days on felony probation. For a fourth or later technical violation there is no per-violation cap: the court may order jail (or prison, on felony probation) for any number of days, up to the remaining eligible sentence. The court also generally cannot revoke probation for a technical violation until you have already been sanctioned for three or more of them, and it is presumed to issue a summons or order to show cause instead of a warrant. Those limits do not cover new crimes, violations of a no-contact order, or absconding, and the jail caps and the revocation limit do not apply if you are on probation for a domestic violence offense or for stalking under MCL 750.411h or 750.411i. The court may provide in the probation order for the arrest and detention of a probationer accused of a violation. If a violation is based on not paying costs, the court may jail you or revoke probation only if you have the ability to pay and have not made a good-faith effort, and must consider your employment status, earning ability, and finances, under MCL 771.3(8). Restitution has a similar protection under MCL 780.766. After a revocation, the court may impose the same penalty it could have originally, including prison if the offense allowed it, but is not required to. Respond to a violation notice right away, appear, and bring proof of what you have done. A separate page on probation violations explains the process in more detail.

Authority: MCL 771.4; MCL 771.4b; MCL 771.3; MCL 780.766. Reviewed Oct. 27, 2026.

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.

If the court finds you cannot comply with an order to pay without manifest hardship, it may impose a payment alternative, such as a payment plan, a modified plan, or a waiver of part or all of the amount. For probation costs, MCL 771.3 says the court may jail you or revoke probation for nonpayment only if you have the ability to pay and have not made a good-faith effort, considering your employment, earning ability, and finances. A person who is not in willful default can petition the sentencing judge to modify the payment method for restitution if payment imposes manifest hardship on the defendant or immediate family and modification will not impose manifest hardship on the victim. The protection depends on honesty and effort, so keep records of income, expenses, and each payment, and file a motion to modify before you fall behind.

Authority: MCR 6.425; MCL 769.1k; MCL 780.766; MCL 771.3. Reviewed Oct. 27, 2026.

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.

MCL 769.1k also allows the court to impose any fine or cost authorized by the statute you were convicted under, expenses of providing legal assistance to you, additional costs incurred in compelling your appearance, and, until December 31, 2026 as the statute reads in October 2026, general court costs reasonably related to the actual costs of the court, without separately calculating them for your case. Because that authority has a stated end date, and a bill to extend it was pending in the Legislature as of Oct. 27, 2026, ask whether it applies to your sentencing date. You cannot be jailed for not paying costs unless the court finds you have the resources and have not made a good-faith effort. Payment of the minimum state cost and the assessment is a condition of probation. If you posted a cash bond, those amounts may be taken out of it. Ask the clerk for the total in writing at sentencing, and ask the court for a payment plan if needed.

Authority: MCL 769.1j; MCL 780.905; MCL 769.1k. Reviewed Oct. 27, 2026.

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.

For property damage or loss, the order generally requires returning the property or paying its value. For injury, it can include medical and related services, therapy, lost after-tax income, family counseling costs, homemaking and child care costs, and funeral expenses. If someone else, such as an insurer or the crime victim services commission, has already compensated the victim, restitution can be ordered to that entity, to the extent of the compensation paid. For serious injury or death the court may order up to three times the amount otherwise allowed. Restitution is also a condition of probation and parole. Restitution applies even when a case is resolved by a delayed sentence or deferred judgment. The amount is decided at sentencing, and MCR 6.425(D)(1)(f) requires the court to order the dollar amount.

Authority: MCL 780.766; MCR 6.425. Reviewed Oct. 27, 2026.

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.

McKinley reasoned that conduct for which a defendant is not criminally charged and convicted is not part of the course of conduct that gives rise to the conviction. So restitution is tied to the offense you were convicted of and the losses it caused. Read any plea terms carefully before you sign, because restitution can be addressed in the agreement. If the prosecutor or probation officer asks for restitution tied to dismissed counts or uncharged losses, your lawyer can object, and MCR 6.425(D)(2)(b) puts the burden of showing the amount of loss on the prosecutor. Do not agree to a figure until you see the supporting documents. The statute also lets the court amend a restitution order on a motion from the prosecutor, the victim, or you, based on new information about the injury, damages, or loss, so keep your objections and your own documents organized after sentencing too.

Authority: People v McKinley, 496 Mich 410 (2014); MCL 780.766; MCR 6.425. Reviewed Oct. 27, 2026.

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.

MCL 780.766(13) says the order can be enforced by the prosecutor, the victim, or anyone else named to receive restitution in the same way as a civil judgment or lien, so it does not end when probation or parole ends. Restitution is due immediately unless the court sets a period or installments. You can petition the sentencing judge at any time to modify the method of payment if you are not in willful default and payment is a manifest hardship, as long as modifying it will not impose a manifest hardship on the victim. The court may also amend an order on motion of the prosecutor, the victim, or you, based on new information about the injury, damages, or loss. If you are on probation, the court must order an employed defendant to make regularly scheduled payments and, after two missed payments, to execute a wage assignment. Request the victim's documentation before the hearing.

Authority: MCR 6.425; MCL 780.766. Reviewed Oct. 27, 2026.

Generally yes. MCL 769.11b requires the sentencing court to specifically credit time served in jail before sentencing because you were denied or unable to furnish bond for the offense of conviction. MCR 6.425(D)(1)(d) also requires the judge to state, at sentencing, the credit for time served to which you are entitled.

The credit applies to the offense for which you were held. It does not apply if you were in jail for another reason, such as a sentence for a different case. In People v Idziak, the Michigan Supreme Court held that a parolee arrested for a new felony resumes serving the earlier sentence on arrest, so is not held because of being denied or unable to furnish bond, and does not get jail credit against the new minimum sentence under MCL 769.11b. In People v Allen, 507 Mich 597, 606; 968 NW2d 532 (2021), the court limited that rule and held that a parolee who is held in jail on the new charge because bond was denied or could not be posted, and who is not arrested or detained by parole officials, must get jail credit for the time before the Department of Corrections files a parole detainer. Check the credit stated in the judgment of sentence against the jail's booking and release records, and raise any error early, since it is easiest to fix at or soon after sentencing. If time was spent on a tether, treatment program, or another type of confinement, ask your lawyer whether a separate argument for credit applies, because the statute speaks of time served in jail.

Authority: MCL 769.11b; MCR 6.425; People v Idziak, 484 Mich 549 (2009); People v Allen, 507 Mich 597; 968 NW2d 532 (2021). Reviewed Oct. 27, 2026.

For an indeterminate sentence, you become subject to the parole board's jurisdiction when you have served the minimum sentence, less good time and disciplinary credits where they apply. Release is discretionary. The board must have reasonable assurance, after considering all the facts and circumstances, including your mental and social attitude, that you will not become a menace to society or public safety.

Under MCL 791.234(1) and (2), the minimum term is the point at which the board gains jurisdiction, and prisoners subject to disciplinary time must serve the full minimum. Parole is also conditioned on arrangements for employment, education, or care, and a prisoner with a minimum of 2 years or more generally must have a high school diploma or equivalency, with waivers. Under MCL 791.234(11), the county prosecutor or the victim may seek leave to appeal a grant of parole in circuit court. If you were sentenced as a habitual offender under MCL 769.10 to 769.12, you are generally not eligible for parole until the minimum term expires, unless the sentencing judge gives written approval for earlier parole where the law allows. Nothing assures parole at the minimum date, so prison programming, discipline record, and release plans matter.

Authority: MCL 791.234; MCL 791.233; MCL 769.12. Reviewed Oct. 27, 2026.

It depends on the offense and, for first-degree murder, on your age at the time. Under MCL 791.234(6), a prisoner sentenced to life for first-degree murder, certain other listed offenses, or any offense for which parole is expressly denied is not eligible for parole. But a person who was under 21 at the time of a first-degree murder cannot be given a mandatory sentence of life without parole. Other life sentences are subject to the parole board after the person has served 10 calendar years for a crime committed before October 1, 1992, or 15 calendar years for a crime committed on or after that date.

For those eligible, the statute requires a parole board interview at the conclusion of 10 calendar years and thereafter as the board determines, a file review at 15 years and every 5 years after that, and a public hearing before any decision to grant or deny. The sentencing judge is given notice and can block parole by filing written objections within 30 days, if the judge is still in office. A parole granted under that subsection is for a period of not less than 4 years. A person is not entitled to appointed counsel at public expense for the interview, but may be represented by someone of their choice who is not another prisoner. Drug offenses have separate rules. The not-eligible rule for first-degree murder has exceptions created by court decisions. Under People v Parks, 510 Mich 225 (2022), and People v Taylor and People v Czarnecki (Mich Apr. 10, 2025), mandatory life without parole for first-degree murder is unconstitutional under the Michigan Constitution for a person who was 18, 19, or 20 at the time of the offense, and those defendants are entitled to individualized sentencing under MCL 769.25 or 769.25a before life without parole can be imposed. In People v Langston (Mich July 28, 2026), the Court held that mandatory life without parole for a felony murder conviction from a trial before People v Aaron, 409 Mich 672 (1980), is cruel or unusual punishment under the Michigan Constitution if the jury was not instructed on malice as Aaron defines it and the prosecution cannot show beyond a reasonable doubt, from the trial evidence, that the jury would have found that malice. The remedy is to strike the no-parole part of the sentence, which makes the person eligible for parole consideration. Langston is a recent decision, and this answer reflects it as of Oct. 27, 2026. Because the rules differ by offense, age, and date, the specific statute, the date of the offense, and the current case law decide the answer.

Authority: MCL 791.234; MCL 769.25; People v Parks, 510 Mich 225 (2022); People v Taylor, No. 166428, and People v Czarnecki, No. 166654 (Mich Apr. 10, 2025); People v Langston, No. 163968 (Mich July 28, 2026); People v Aaron, 409 Mich 672 (1980). Reviewed Oct. 27, 2026.

Often not right away. Under MCR 6.103(A), if you fail to appear, the court must wait 48 hours, excluding weekends and holidays if the court is closed, before issuing a bench warrant, to give you a chance to appear voluntarily. If you do not appear within 48 hours, the court must issue a bench warrant unless it believes there is good reason to schedule the case for further hearing.

The wait does not apply if the case is for an assaultive crime or domestic violence offense as defined in MCL 764.3, or if you previously failed to appear in the case. Even when the rule applies, the court can issue a warrant immediately if it states on the record a specific, articulable reason to suspect you committed a new crime, a person or property will be endangered, prosecution witnesses are present, the proceeding is to impose a sentence, or other compelling circumstances. The court cannot revoke your release order or forfeit bond during the 48-hour period. Courts may also issue an order to show cause instead of a warrant. If you miss a hearing, call the court and your lawyer the same day, because appearing voluntarily within the window can avoid a warrant.

Authority: MCR 6.103. Reviewed Oct. 27, 2026.

Yes. Under MCL 764.15(1)(e), an officer may arrest without a warrant in hand if the officer has received positive information from an authoritative source that another officer or a court holds a warrant for you. To clear a warrant, you generally need to appear or surrender, ideally with a lawyer arranged in advance, and the court decides what happens next.

Bond consequences matter. Under MCR 6.106(I)(2), if you do not appear and surrender within 28 days after the revocation date, the court may continue the revocation order and enter a judgment for up to the full amount of the bond plus costs. If a felony is charged and you abscond on or forfeit a bond, MCL 750.199a makes that a separate felony. When you appear, the judge may reinstate bond, increase it, or hold you, using the factors in MCR 6.106(F), and your appearance history will be a factor. Do not wait for an arrest at a bad time, like at work or in front of children. A lawyer may be able to contact the court to arrange a surrender time and prepare a motion to reinstate bond with proof of why you missed court.

Authority: MCL 764.15; MCR 6.106; MCL 750.199a. Reviewed Oct. 27, 2026.

Not without the court's permission. A release on recognizance or conditional release under MCR 6.106(C) and (D) includes the condition that you will not leave the state without the court's permission. Probation under MCL 771.3(1)(b) likewise requires that you not leave the state without the consent of the court that granted probation.

Judges can also impose narrower travel limits, such as staying within a county or region, as a release condition under MCR 6.106(D). Get permission in writing before you leave, and bring a copy. Ask your lawyer to file a motion for permission with the itinerary, dates, and reason, such as work or a family event, and serve the prosecutor if the court requires. The court's consent is what the statute requires. Leaving without consent can lead to bond revocation, a warrant, or a probation violation hearing. Travel within Michigan can also be limited by individual conditions. If you live near a state line or must cross it for work, tell the court at the start so the order can account for it.

Authority: MCR 6.106; MCL 771.3. Reviewed Oct. 27, 2026.