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  1. #1

    Question Probation and Michigan Ordinance Violations

    My question involves criminal law for the state of: Michigan

    I know Michigan allows probation for ordinance violations. Does this apply to an ordinance where penalties are specified for violations under that section and those penalties don't include probation?

  2. #2

    Default Re: Probation and Michigan Ordinance Violations

    With few exceptions, the Code of Criminal Procedure allows a court to sentence a person convicted of a felony or misdemeanor to probation. Pursuant to case law, a court also may sentence a person to probation for a local ordinance violation that substantially corresponds to a statutory violation. The Code allows a court to delay sentencing, which gives the defendant the opportunity to show that he or she is eligible for probation or other lenient treatment, in a case in which a court may place a person on probation. It follows, then, that delayed sentencing may be used for ordinance violations only if they correspond to statutory violations. Some people believe that there should be statutory authority for courts to impose probation, and have the option of using delayed sentencing, for all ordinance violations.

    http://www.legislature.mi.gov/docume...SFA-1032-A.pdf

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