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1 chapters · 624 sections in this title.
Mich. Comp. Laws § 774.42 Circuit court; continuing recognizance or requiring new recognizance; default.
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Sec. 42. The circuit court for the county in which the defendant filed an appeal from a municipal court judgment pursuant to section 34 of this chapter, may continue the recognizance entered under section 34 of this chapter or require a new recognizance with further or other secu…
Mich. Comp. Laws § 774.43 Circuit court; discharge of defendant if found not guilty; entering judgment, sentence, and imposing costs if defendant convicted on appeal; remanding defendant back to county jail; credit for fine paid.
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Sec. 43. If the defendant who appeals a conviction in municipal court in a city that does not adopt a resolution of approval under section 23a of the Michigan municipal court act, 1956 PA 5, MCL 730.523, is found not guilty on appeal in circuit court, the circuit court shall disc…
Mich. Comp. Laws § 774.44 Withdrawal or dismissal of appeal; order revoking recognizance and directing sentence be carried out.
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Sec. 44. If a defendant takes an appeal from a municipal court in a city that does not adopt a resolution of approval under section 23a of the Michigan municipal court act, 1956 PA 5, MCL 730.523, and withdraws the appeal, or if the circuit court dismisses the appeal leaving the …
Mich. Comp. Laws § 774.46 Issuing writs and process; construction.
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Sec. 46. (1) Municipal judges may issue the writs and process considered necessary in criminal and ordinance violation cases to carry into effect the judge's orders and sentences. (2) This section shall not be construed to eliminate the requirements of section 1 of chapter 4 rega…
Mich. Comp. Laws § 774.47 Municipal court having more than 1 judge; powers of any judge in connection with trial and disposition of case.
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Sec. 47. In a municipal court having more than 1 judge, whenever a warrant is issued for the arrest of a person charged with an offense against the laws of this state, or for the violation of a city ordinance, any judge of that municipal court may arraign, set bail, adjourn, try,…
Mich. Comp. Laws § 774.48 Delivery of files, indexes, and dockets to successor of municipal judge; audit of judge's records; audit report; certificate; effectiveness.
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Sec. 48. (1) Each municipal judge shall deliver to his or her successor in office all files, indexes, and dockets. Upon the death of a municipal judge, or if for any other reason the office becomes vacant, and also at the end of each term, the board of auditors of the county or t…
Mich. Comp. Laws § 774.49 Municipal court to be governed by statutes and supreme court rules applicable to district court; exceptions.
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Sec. 49. (1) In all matters of substance, authority, and jurisdiction with regard to a felony, misdemeanor, or ordinance violation case, a municipal court shall be governed by the statutes applicable to the district court, except to the extent that those provisions conflict with …
Mich. Comp. Laws § 774.9 Authority of municipal court judge to issue subpoena and administer oaths in misdemeanor and ordinance violation cases.
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Sec. 9. A judge of a municipal court has the same authority to issue a subpoena to compel the attendance of a witness and to administer oaths in misdemeanor or ordinance violation cases as a district court judge has in misdemeanor or ordinance violation cases which are tried in t…
Mich. Comp. Laws § 775.1 Fees; allowances.
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Sec. 1. For the following services hereafter performed, in the cases authorized by law, the officers hereinafter named shall be allowed, respectively, the fees in this chapter directed.
Mich. Comp. Laws § 775.10 Fees; prohibited as in civil cases.
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Sec. 10. The provisions of law prohibiting the taking of any fees for services in civil cases, other than such as are allowed by law, shall apply to the taking of fees in criminal cases beyond the amount allowed by law for such services.
Mich. Comp. Laws § 775.11 Fees; services of prosecutor.
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Sec. 11. In all criminal prosecutions where an indictment shall be found and judgment for costs against the defendant shall be rendered, there shall be taxed for the use of the county the following fees for the services of the prosecuting attorney, to-wit: For drawing an indictme…
Mich. Comp. Laws § 775.13 Witness for prosecution; fees; law enforcement officer.
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Sec. 13. (1) If a person attends court as a witness in behalf of the prosecution, upon the request of the prosecuting attorney, upon a subpoena, or because of a recognizance for that purpose, the witness shall be entitled to the following fees: (a) For attending in a court of rec…
Mich. Comp. Laws § 775.13a Expert witness; compensation.
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Sec. 13a. If a person attends a court as a witness in a felony, misdemeanor, or ordinance violation case upon the request of the prosecuting attorney or defendant by virtue of a recognizance or subpoena for that purpose, whether at the trial of the case or other proceeding in the…
Mich. Comp. Laws § 775.14 Witness for prosecution; proving attendance and travel; order.
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Sec. 14. A witness entitled to a fee under section 13 of this chapter shall prove his or her attendance and travel in open court before the clerk of the court. An order from the clerk of the court shall authorize the payment of the witness fee to the witness in the same manner as…
Mich. Comp. Laws § 775.15 Accused unable to procure witness; subpoena, fee.
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Sec. 15. If any person accused of any crime or misdemeanor, and about to be tried therefor in any court of record in this state, shall make it appear to the satisfaction of the judge presiding over the court wherein such trial is to be had, by his own oath, or otherwise, that the…
Mich. Comp. Laws § 775.16 Appointment of counsel under Michigan indigent defense commission act.
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Sec. 16. When a person charged with having committed a crime appears before a magistrate without counsel, the person shall be advised of his or her right to have counsel appointed. If the person states that he or she is unable to procure counsel, the magistrate shall appoint coun…
Mich. Comp. Laws § 775.17 Accused unable to procure counsel; attorney, duty; enlarged compensation.
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Sec. 17. An attorney shall not, in such case, be compelled to follow a case into another county or into the supreme court, but if he does so, may recover an enlarged compensation to be fixed by the court.
Mich. Comp. Laws § 775.18 Accused unable to procure counsel; number of attorneys; affidavit.
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Sec. 18. Only 1 attorney in any 1 case shall receive the compensation above contemplated, nor shall he be entitled to this compensation until he files his affidavit in the office of the county clerk, in which such trial or proceedings may be had, that he has not, directly or indi…
Mich. Comp. Laws § 775.19 Interpreter; compensation; certificate.
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Sec. 19. Except as provided in the deaf persons' interpreter act, if a person attends a court as an interpreter for the purpose of interpreting the testimony of a witness given in behalf of the prosecution, or for the purpose of translating or interpreting a writing or document i…
Mich. Comp. Laws § 775.19a Appointment of interpreter; compensation.
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Sec. 19a. If an accused person is about to be examined or tried and it appears to the judge that the person is incapable of adequately understanding the charge or presenting a defense to the charge because of a lack of ability to understand or speak the English language, the inab…
Mich. Comp. Laws § 775.20 Expenses of prosecution for malfeasance in state office; payment.
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Sec. 20. The expenses of all prosecutions against persons holding or who may have held any state office, for malfeasance in office, shall be paid from the general fund, by the state treasurer, and the board of state auditors are hereby authorized and empowered to allow all just a…
Mich. Comp. Laws § 775.21 Proceeding instituted by attorney general; costs, payment by state.
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Sec. 21. Whenever the attorney general shall institute criminal proceedings in any county in this state, all costs incurred in such proceedings, except the pay of circuit judges, prosecuting attorneys, and circuit court stenographers, may be paid by the state with the approval of…
Mich. Comp. Laws § 775.22 Allocation and application of money collected; “victim payment” defined.
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Sec. 22. (1) If a person is subject to any combination of fines, costs, restitution, assessments, probation or parole supervision fees, or other payments arising out of the same criminal proceeding, money collected from that person for the payment of fines, costs, restitution, as…
Mich. Comp. Laws § 775.3 Fees; services of constables; additional compensations.
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Sec. 3. A constable shall be allowed for serving a warrant or other process for the arrest of any person, issued by any magistrate or court, 50 cents; for traveling to make such service, going only, 15 cents per mile, and where an arrest has been made, 15 cents per mile return tr…
Mich. Comp. Laws § 775.4 Fees; services of sheriff; additional compensations.
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Sec. 4. A sheriff shall be allowed for every person committed to jail, 35 cents; for every person discharged from jail, 35 cents; for taking a prisoner before a court for examination or to jail, 15 cents; for serving a subpoena, issued from a court of record, 15 cents for each wi…
Mich. Comp. Laws § 775.6 Fees; to be county charges.
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Sec. 6. The fees hereinbefore in this chapter allowed for services, except those which are otherwise provided for by law, shall be county charges, and shall be audited by the board of supervisors of the county in which the services are rendered, and shall be paid in the same mann…
Mich. Comp. Laws § 775.7 Expenses of certain witnesses for people; order directing payment.
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Sec. 7. Whenever any person shall attend any court of record as a witness in behalf of the people of this state, upon request of the public prosecutor, or upon subpoena, or by virtue of a recognizance for that purpose, and it shall appear that such person has come from any other …
Mich. Comp. Laws § 775.8 Expenses of certain witnesses for people; certified copy of order.
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Sec. 8. The clerk of the court by which such order shall be made, shall immediately make out and deliver a certified copy thereof to the person in whose favor the same is made, without any fee for such service.
Mich. Comp. Laws § 775.9 Expenses of certain witnesses for people; payment by county treasurer.
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Sec. 9. Upon the production of such certified copy to the county treasurer, or as soon thereafter as he shall have sufficient moneys in his hands, he shall pay to the person authorized to receive the same, or to his order, the sum of money so directed to be paid, which shall be a…
Mich. Comp. Laws § 776.10 Extradition; examination, recognizance.
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Sec. 10. If, upon the examination of the person charged, it shall appear to the court or magistrate that there is reasonable cause to believe that the complaint is true, and that such person may be lawfully demanded of the governor, he shall if not charged with a capital crime, o…
Mich. Comp. Laws § 776.11 Extradition; failure or inability to recognize, commitment, default.
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Sec. 11. If such person shall not recognize, or if he shall be charged with a capital crime, or with the crime of murder in the first degree, he shall be committed to prison and there detained until such day in like manner as if the offense charged had been committed within this …
Mich. Comp. Laws § 776.12 Extradition; discharge, delivery to authorized person, new recognizance or commitment.
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Sec. 12. If the person so recognized or committed, shall appear before the court or magistrate upon the day ordered, he shall be discharged, unless he shall be demanded by some person authorized by the warrant of the governor to receive him, or unless the court or magistrate shal…
Mich. Comp. Laws § 776.13 Extradition; complainant to support prisoner and cost, liability; failure to pay, effect.
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Sec. 13. The complainant in any such case shall be answerable for all the actual costs and charges and for the support in prison of any person so committed, to be paid weekly or otherwise as may be ordered by the court or magistrate; and if the charge for his support in prison sh…
Mich. Comp. Laws § 776.14 Prosecuting attorney; right to defend person charged with crime in county.
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Sec. 14. It shall be unlawful for any prosecuting attorney of this state to defend or assist in the defense of any person charged with crime within the county of which he is prosecuting attorney.
Mich. Comp. Laws § 776.15 Prosecuting attorney; right to defend accused in case transferred from another county; county liable for assistance in prosecution.
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Sec. 15. When any criminal cases commenced by the people of the state of Michigan within any county of this state shall be transferred to another county for trial for any reason whatsoever, the prosecuting attorney of the county to which said cause is transferred shall be prohibi…
Mich. Comp. Laws § 776.18 Assistant; right of prosecutor to procure; compensation; prohibition.
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Sec. 18. The prosecuting attorney may procure the assistance in the trial of any person charged with a felony as he or she considers necessary. The prosecuting attorney may appoint an assistant to perform his or her duties during a period when the prosecuting attorney is unable t…
Mich. Comp. Laws § 776.19 Reward for criminal or escaped prisoner; authority to offer and pay.
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Sec. 19. (1) The board of commissioners of a county is authorized to offer and pay out of the general fund of the county a reward for the arrest and conviction, or for information leading to the arrest and conviction, of any person or persons having committed a crime within the c…
Mich. Comp. Laws § 776.20 Firearms violations; burden of establishing exception.
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Sec. 20. In any prosecution for the violation of any acts of the state relative to use, licensing and possession of pistols or firearms, the burden of establishing any exception, excuse, proviso or exemption contained in any such act shall be upon the defendant but this does not …
Mich. Comp. Laws § 776.21 “Law enforcement officer” and “victim” defined; submitting victim to polygraph examination or lie detector test; giving polygraph examination or lie detector test to defendant upon request.
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Sec. 21. (1) As used in this section: (a) "Law enforcement officer" means a police officer of a county, city, village, township, or this state; a college or university public safety officer; a prosecuting attorney, assistant prosecuting attorney, or an investigator for the office…
Mich. Comp. Laws § 776.21a Recidivism rates; collection and maintenance of data; manner.
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Sec. 21a. Any data collected and maintained under this act regarding recidivism rates must be collected and maintained in a manner that separates the data regarding technical probation violations and technical parole violations from data on new felony and misdemeanor convictions.
Mich. Comp. Laws § 776.21b Authority to provide certain information to domestic or sexual violence service provider agency.
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Sec. 21b. (1) A police officer or a prosecuting attorney may provide a domestic or sexual violence service provider agency with the name, demographics, and other pertinent information of, and information to facilitate contact with, a victim of domestic or sexual violence for the …
Mich. Comp. Laws § 776.22 Domestic violence calls; development, implementation, and evaluation of written policies and standards by police agencies; definitions.
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Sec. 22. (1) Each police agency in this state shall, by January 1, 1995, develop, adopt, and implement written policies for police officers responding to domestic violence calls. The policies shall reflect that domestic violence is criminal conduct. (2) Each police agency shall c…
Mich. Comp. Laws § 776.6 Extradition; agent to demand certain persons from another state or government; appointment; payment of accounts.
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Sec. 6. The governor of this state may in any case authorized by the constitution and laws of the United States, appoint agents to demand of the executive authority of any other state or territory, or from the executive authority of any foreign government, any fugitive from justi…
Mich. Comp. Laws § 776.7 Extradition; demand for certain persons by another state; warrant to sheriff, examination, attorney general's report.
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Sec. 7. Whenever a demand shall be made upon the governor of this state by the governor of any other state or territory in any case authorized by the constitution and laws of the United States for the delivery over of any person charged in such state or territory with treason, fe…
Mich. Comp. Laws § 776.8 Extradition; warrant to agent; issuance, contents.
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Sec. 8. If the governor shall be satisfied that the demand is conformable to law, and ought to be complied with, he shall issue his warrant, under the seal of the state, authorizing the agents who make such demand, either forthwith or at such time as shall be designated in the wa…
Mich. Comp. Laws § 776.9 Extradition; persons liable to; complaint, warrant.
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Sec. 9. Whenever any person shall be found within this state charged with any offense committed in any other state or territory and liable by the constitution and laws of the United States to be delivered over upon the demand of the governor of such other state or territory, any …
Mich. Comp. Laws § 777.1 Definitions.
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Sec. 1. As used in this chapter: (a) "Aircraft" means that term as defined in section 2 of the aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.2. (b) "Departure" means that term as defined in section 31 of chapter IX. (c) "Homicide" means any crime in which the de…
Mich. Comp. Laws § 777.11 Chapters 1 to 199 of Michigan Compiled Laws; felonies to which chapter applicable.
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Sec. 11. This chapter applies to felonies enumerated in chapters 1 to 199 of the Michigan Compiled Laws as set forth in sections 11a to 11e of this chapter.
Mich. Comp. Laws § 777.11a Chapters 1 to 27 of Michigan Compiled Laws; felonies to which chapter applicable.
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Sec. 11a. This chapter applies to the following felonies enumerated in chapters 1 to 27 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 4.421(1) Pub trst G Lobbyists — compensation contingent on outcome of action 3 4.421(2) Pub trst G Lobbyists giving gi…
Mich. Comp. Laws § 777.11b Applicability of chapter to certain felonies; MCL 28.214(6)(b) to 28.754(1).
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Sec. 11b. This chapter applies to the following felonies enumerated in chapter 28 of the Michigan Compiled Laws: M.C.L. Category Class Description Stat Max 28.214(6)(b) Pub trst F Unauthorized disclosure of information from LEIN — subsequent offense 4 28.293(1) Pub ord E False in…