Eligibility for Early Discharge from Probation

Early Discharge (As of April 1, 2021)

Per MCL 771.2, many misdemeanor offenses are eligible for early release from probation. Your probation order indicates if the case qualifies for early release, by an X located in box #11 of your order. You may discuss this with your probation officer at your monthly report, or motion the court on your own or through an attorney.

Cases ineligible for early release:

  1. Cases supervised under delayed sentence (MCL 771.1(2))
  2. Offenses of Domestic Violence, Stalking, Criminal Sexual Conduct-4th Degree, and Assault with Infliction of Serious or Aggravated Injury

To be eligible for early release, all of the below conditions must be satisfied:

  1. Completion of at least 50% of the length of probation ordered
  2. Completion of all programs ordered
  3. No violations have occurred within the prior three months
  4. Fine/costs have been paid in full or probationer is in full compliance of an established payment plan
  5. Oversight costs (probation fees) must be paid to date. 

Directions: Once the above conditions are met, the probationer must complete the SCAO Form MC 512 (available in PDF format online, or hard copies at the Probation Department) to request an Early Discharge. The original can be filed with the Court at the Criminal Division window or through Probation. A copy must be served to the Prosecutor by mail, in person, or digitally (state matters only). 

City Matters:
City Attorney for the City of Sterling Heights
C/O O'Reilly Rancilio P.C. 
12900 Hall Rd, #350, Sterling Heights, MI 48313

State Matters:
Macomb County Office of the Prosecuting Attorney
1 S. Main St., Mt. Clemens, MI 48043

Online Motion FIlings: District Court Adjourn / Court Motion

The prosecutor has 14-days to respond to the request.  After the 14-day period, the probation officer will forward the request to the assigned Judge for review.  In some cases, a court hearing will be required. Notice will be sent by mail to the address of record with either a hearing date or notification of the outcome.