Legal Question in Criminal Law in Michigan

My daughter turned herself in on an outstanding warrant for an MIP on January 13, 2014 (her 6th). She has violated probation every time on MIPs 1 - 5. She pled guilty on February 5th. Sentencing is scheduled for March 20, 2014 (66 days after turning herself in on the warrant).

Her judge required a probation interview @ which time, the probation officer informed her that she was going to be put on 2 years probation.

Question ... The maximum jail time that can be allowed for a 3rd+ MIP is 60 days. At sentencing, she will have been in jail a total of 66 days. Does the court have to give her credit for time served and if so, having already served the maximum sentence, can the court sentence her to probation?


Asked on 3/13/14, 10:40 am

1 Answer from Attorneys
Jared Austin Austin Legal Services, PLC

The court has to give her credit for time served unless there is another jurisdiction that had a hold on her before she started serving time on the MIP charge. The judge should probably just sentenced her to time served and released her along with some fines and costs.

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Answered on 3/13/14, 10:46 am


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