Sentencing in Michigan varies with the crime and can be the most confusing part of the criminal process. Most often, sentences are at the judge's discretion. The judge will consider the information in the pre-sentence report (subject to factual corrections by the parties); additional evidence offered by the parties, comments by the crime victim, and other information relevant to the judge's sentencing decision.
For felonies, the Circuit Court judge will consult "sentencing guidelines" (originally established by the Michigan Supreme Court, but now applicable by recent "Truth in Sentencing" laws). The sentencing guidelines factor in aspects of the defendant's criminal conduct and his prior record, to determine the minimum jail/prison sentence. The judge may consider different alternatives, such as a fine, probation, community service, a sentence to jail or prison, or a combination. The judge must also order the defendant to make restitution to any victims who have suffered financial harm.