Recent Felony Sentencing Q&As
This Q&A is a collaborative effort between MJI, the Prosecuting Attorneys Association of Michigan (PAAM), and the State Appellate Defenders Office (SADO). MJI cannot provide legal advice, and the information contained in the Q&A should not be construed as such, nor is it intended to be authoritative statements by the justices of the Michigan Supreme Court.
If your question has not already been answered, you may submit an inquiry to the committee. Please note that this service is designed to provide relevant and governing authorities to court and MDOC professionals who are scoring the sentencing guidelines. You should receive a response, typically within 72 hours; if appropriate, the inquiry and response will then be added to this page.
To access additional materials related to felony sentencing, such as former versions of the Sentencing Guidelines Manuals, please visit our Felony Sentencing Online Resources page.
Does an open bench warrant for a misdemeanor close the 10 year gap?
No. MCL 777.50 considers the time between the discharge date of a previous conviction or juvenile...
Can you score 10 points under OV 19 when the defendant does not cooperate with the presentence investigation interview?
A defendant maintains their Fifth Amendment right against self-incrimination during the period...
Can you score 25 points where the defendant pleaded guilty to one count of CSC-III, but the victim’s statement includes details about multiple assaults?
Question as originally presented: Can OV 13 be scored 25 points in a CSC-III incest case were the...
Can you score prior HYTA and delayed sentences under the guidelines?
PRVs 1, 2, 5, and 7 all require a qualifying conviction in order for points to be assessed. (I’m...
How do you determine whether a prior misdemeanor conviction was obtained in violation of a defendant’s right to counsel?
Question as originally presented: Trying to find clarification regarding not being able to score...
