§ 769.1 Authority and power of court; crimes for which juvenile to be sentenced as adult; fingerprints as condition to sentencing; hearing at juvenile’s sentencing; determination; criteria; waiver; violation
§ 769.1a Order of restitution
§ 769.1b Review hearing for juvenile placed on probation and committed; determination; considerations; time of review hearing; notice; legal counsel; costs; commitment reports; final review; imposition of sent
§ 769.1c Psychiatrist; definition; aid from state hospitals
§ 769.1d Expense of confinement in state institutions
§ 769.1e Violations of criminal law; licensing sanctions; report of finding to secretary of state; “license” defined
§ 769.1f Expenses for which court may order person convicted to reimburse state or local unit of government; payment; reimbursement as condition of probation or parole; enforcement of order; failure to make or
§ 769.1g Offense relating to riot, incitement to riot, unlawful assembly or civil disorder within public community college, college, or university campus
§ 769.1h Consecutive or concurrent sentence
§ 769.1j Court ordered fine, costs, or assessments; minimum amounts; definitions
§ 769.1k Imposition of fine, cost, or assessment; availability of information to defendant; reports; nonpayment of costs
§ 769.1l Order of restitution; deduction; payment to court; priority
§ 769.2a Persons sentenced for certain crimes not eligible for custodial incarceration outside state correctional facility or county jail; “state correctional facility” defined; effect of security classificati
§ 769.3 Conditional sentence; payment of fine; probation
§ 769.4 Conditional sentence; execution
§ 769.4a Assault on spouse, former spouse, individual with child in common, dating relationship, or household resident; plea or finding of guilty; deferral of proceedings; order of probation; previous convicti
§ 769.5 Alternative or combined penalties; power of court; rebuttable presumption; reasonable grounds for departure; show cause order; contempt order
§ 769.6 Recognizance to keep peace; court option
§ 769.7 Recognizance to keep peace; breach of condition; procedure
§ 769.8 Definite term prohibited for conviction for first time for felony; fixing minimum term; stating maximum term; examination of convict; entering facts in minutes of court
§ 769.9 Indeterminate sentence inapplicable where only punishment is life imprisonment; indeterminate sentence in cases where imprisonment for life discretionary; indeterminate sentence in cases involving maj
§ 769.10 Punishment for subsequent felony; sentence imposed for term of years considered indeterminate sentence; use of conviction to enhance sentence prohibited
§ 769.11 Punishment for subsequent felony following conviction of 2 or more felonies; sentence for term of years considered indeterminate sentence; use of conviction to enhance sentence prohibited
§ 769.11a Void sentence; trial judge to credit time served
§ 769.11b Credit time served prior to sentence; lack of bond
§ 769.12 Punishment for subsequent felony following conviction of 3 or more felonies; sentence for term of years considered indeterminate sentence; use of conviction to enhance sentence prohibited; eligibility
§ 769.13 Notice of intent to seek enhanced sentence; filing by prosecuting attorney; challenge to accuracy or constitutional validity; evidence of existence of prior conviction; determination by court; burden
§ 769.14 Review of sentence of prisoner or parolee; application; rights of prisoner
§ 769.16 Clerk of court and sheriff; duty in executing sentence; fine or imprisonment in county jail; transcript
§ 769.16a Report by clerk of final disposition to department of state police; forms; fingerprints; reporting conviction; report of vacated judgment; entry of disposition into database
§ 769.16b Finding of not guilty by reason of insanity; entering order into Law Enforcement Information Network
§ 769.17 Clerk of court and sheriff; duty in executing sentence; imprisonment in state prison; warrant, abstract of conviction
§ 769.18 Record after sentence of imprisonment; duty of clerk; contents, forwarding, fee
§ 769.24 Excessive sentence; validity
§ 769.25 Criminal defendant less than 18 years; circumstances; imprisonment for life without possibility of parole; violations; motion; response; hearing; record; sentence
§ 769.25a Case as final on or before June 24, 2012; effect of state supreme court or United States supreme court decision; procedures; resentencing hearings; priority; credit for time served
§ 769.26 Error in pleading or procedure; effect
§ 769.27 Change of sentence by court; notice to prosecuting attorney, defendant, and defendant’s counsel; objection; hearing
§ 769.28 Commitment or sentence for maximum of 1 year; place; section inapplicable to certain juveniles
§ 769.31 Definitions
§ 769.34 Sentencing guidelines; duties of court
§ 769.35 Jail reimbursement program; operation; criteria
§ 769.36 Deaths arising out of same criminal transaction; crimes to which person may be charged and convicted; consecutive terms; definitions

Terms Used In Michigan Laws > Chapters 760-777 > Act 175 of 1927 > Chapter IX - Judgment and Sentence

  • Affiliated transmission company: means a person, partnership, corporation, association, or other legal entity, or its successors or assigns, which has fully satisfied the requirements to join a regional transmission organization as determined by the federal energy regulatory commission, is engaged in this state in the transmission of electricity using facilities it owns that were transferred to the entity by an electric utility that was engaged in the generation, transmission, and distribution of electricity in this state on December 31, 2000, and is not independent of an electric utility or an affiliate of the utility, generating or distributing electricity to retail customers in this state. See Michigan Laws 460.562
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Certificate: means a certificate of public convenience and necessity issued for a major transmission line under this act or issued for a transmission line under section 9. See Michigan Laws 460.562
  • Clerk: means the clerk or a deputy clerk of the court. See Michigan Laws 761.1
  • Commission: means the public service commission. See Michigan Laws 460.111
  • commission: when used in this act, means the Michigan public utilities commission or such other state governmental agency as may exercise the powers now conferred upon said commission. See Michigan Laws 460.501
  • Commission: means the Michigan public service commission. See Michigan Laws 460.562
  • 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.
  • Construction: means any substantial action taken on a route constituting placement or erection of the foundations or structures supporting a transmission line. See Michigan Laws 460.562
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • County juvenile agency: means that term as defined in section 2 of the county juvenile agency act, 1998 PA 518, MCL 45. See Michigan Laws 761.1
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Electric utility: means a person, partnership, corporation, association, or other legal entity whose transmission or distribution of electricity the commission regulates under 1909 PA 106, MCL 460. See Michigan Laws 460.562
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Felony: means a violation of a penal law of this state for which the offender, upon conviction, may be punished by imprisonment for more than 1 year or an offense expressly designated by law to be a felony. See Michigan Laws 761.1
  • firearm: except as otherwise specifically defined in statute, includes any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive. See Michigan Laws 8.3t
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
  • Independent transmission company: means a person, partnership, corporation, association, or other legal entity, or its successors or assigns, engaged in this state in the transmission of electricity using facilities it owns that have been divested to the entity by an electric utility that was engaged in the generation, transmission, and distribution of electricity in this state on December 31, 2000, and is independent of an electric utility or an affiliate of the utility, generating or distributing electricity to retail customers in this state. See Michigan Laws 460.562
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Juvenile: means a person within the jurisdiction of the circuit court under section 606 of the revised judicature act of 1961, 1961 PA 236, MCL 600. See Michigan Laws 761.1
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • major controlled substance offense: means either or both of the following:
  (a) A violation of section 7401(2)(a) of the public health code, Act No. See Michigan Laws 761.2
  • Major transmission line: means a transmission line of 5 miles or more in length wholly or partially owned by an electric utility, affiliated transmission company, or independent transmission company through which electricity is transferred at system bulk supply voltage of 345 kilovolts or more. See Michigan Laws 460.562
  • 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
  • month: means a calendar month; the word "year" a calendar year; and the word "year" alone shall be equivalent to the words "year of our Lord". See Michigan Laws 8.3j
  • municipality: when used in this act, means a city, village or township. See Michigan Laws 460.501
  • Municipality: means a city, township, or village. See Michigan Laws 460.562
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • 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 761.1
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Preconstruction activity: means any activity on a proposed route conducted before construction of a transmission line begins. See Michigan Laws 460.562
  • Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. Source: U.S. Courts
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Property: includes any matter or thing upon or in respect to which an offense may be committed. See Michigan Laws 761.1
  • Prosecuting attorney: means the prosecuting attorney for a county, an assistant prosecuting attorney for a county, the attorney general, the deputy attorney general, an assistant attorney general, a special prosecuting attorney, or, in connection with the prosecution of an ordinance violation, an attorney for the political subdivision or governmental entity that enacted the ordinance, charter, rule, or regulation upon which the ordinance violation is based. See Michigan Laws 761.1
  • Public utility: means a steam, heat, electric, power, gas, water, wastewater, telecommunications, telegraph, communications, pipeline, or gas producing company regulated by the commission, whether private, corporate, or cooperative, except a municipally owned utility. See Michigan Laws 460.111
  • public utility: when used in this act, means persons and corporations, other than municipal corporations, or their lessees, trustees and receivers now or hereafter owning or operating in this state equipment or facilities for producing, generating, transmitting, delivering or furnishing gas or electricity for the production of light, heat or power to or for the public for compensation. See Michigan Laws 460.501
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Route: means real property on or across which a transmission line is constructed or proposed to be constructed. See Michigan Laws 460.562
  • seal: shall be construed to include any of the following:
  •   (a) The impression of the seal on the paper alone. See Michigan Laws 8.3n
  • Sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. Source: U.S. Courts
  • shall not apply: means that the pertinent provision is not operative as to certain persons or things or in conjunction with a particular date or dates. See Michigan Laws 8.4c
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Statute: A law passed by a legislature.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transmission line: means all structures, equipment, and real property necessary to transfer electricity at system bulk supply voltage of 100 kilovolts or more. See Michigan Laws 460.562
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Verdict: The decision of a petit jury or a judge.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.