Circuit Court Case Cycle - Sentencing

Sentencing is the hearing in which the Judge determines the appropriate penalties for the defendant.

In preparation for this hearing the Judge reads the Pre-sentence Investigation Report provided by the Probation Department.

The victim, defendant (either personally or through the defense attorney), and Assistant Prosecuting Attorney are allowed to speak to the Judge in open court. The Judge can also take into account other information which the Judge decides is relevant to the sentencing.

The Judge may then sentence the defendant to a number of different alternatives, depending on the case. Some of the alternatives include fines, probation, community service, jail, prison, or a combination of these.

If the Judge sentences the defendant to jail or prison, the Judge must follow the Michigan Sentencing Guidelines which set out the minimum allowable jail or prison sentence.

The Judge can only deviate from those guidelines for compelling reasons which the Judge must place
on the record in open court. These guidelines are based on the defendant's past criminal behavior and on the facts of the case for which the defendant is being sentenced.

The Judge must order that the defendant pay restitution to the victim if it is appropriate. The sentencing hearing is held in open court and is open to the public.

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