Legal Question in Criminal Law in Michigan

I am in Michigan my fiance was originally detained by his parole officer and was charged by the state ten days later. He recently took a plea and we go for sentencing on Dec 9 is it possible for him to get the time he has ready served counted towards his sentence?


Asked on 11/11/14, 3:52 pm

3 Answers from Attorneys

Anything is possible. However, his attorney is in the best position to advise him about whether he's likely to get credit for being detained by D.O.C. for a parole violation. It's not usual to get credit.

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Answered on 11/11/14, 4:02 pm
Jared Austin Austin Legal Services, PLC

If you are on parole and pick up a new charge, then the time spent in jail on the new charge is "dead time" meaning it doesn't count as jail credit towards that offense. The time you spend in jail on the new charge will be applied as credit towards the offense you were in prison before getting paroled. Unfortunately, that's just the way it is.

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Answered on 11/11/14, 6:28 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Mr. Austin is correct: The time he's been in prison on a parole hold awaiting adjudication of the new crime will NOT be credited to the time he's ordered to serve on the new crime. It is "dead time." the new case is served AFTER the old felony he's back in prison on is completed;. the new crime is consecutive to (not concurrent with) the old case. It is up to the Parole Board to determine when that old case is done. At that point, he starts serving time on his new case. This is different when the first case is a local probation order (not an MDOC prison / parole sentence). When you commit a new crime on probation, the new crime's sentence is served concurrently with (overlaps) any incarceration ordered on the old case ... even if the defendant is sent to prison as a consequence of the probation violation caused by the new criminal event.

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Answered on 11/12/14, 6:57 am


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