Michigan Laws 774.1d – Acquittal of accused in misdemeanor or ordinance violation case; discharge; costs
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Terms Used In Michigan Laws 774.1d
- Complaint: means a written accusation, under oath or upon affirmation, that a felony, misdemeanor, or ordinance violation has been committed and that the person named or described in the accusation is guilty of the offense. See Michigan Laws 761.1
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Misdemeanor: means a violation of a penal law of this state that is not a felony or a violation of an order, rule, or regulation of a state agency that is punishable by imprisonment or a fine that is not a civil fine. See Michigan Laws 761.1
- Ordinance violation: means either of the following:
(i) A violation of an ordinance or charter of a city, village, township, or county that is punishable by imprisonment or a fine that is not a civil fine. See Michigan Laws 761.1Probable cause: A reasonable ground for belief that the offender violated a specific law. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
If the accused is acquitted in a misdemeanor or ordinance violation case, he or she shall be discharged immediately. If the court, before whom the trial is held, finds and certifies in its minutes that the complaint was wilful, malicious, and without probable cause, the complainant shall pay all of the costs that accrued to the court, including the witness and jury fees, in the proceedings held upon the complaint.