Michigan Compiled Laws

Mich. Comp. Laws § 768.34 (2026)

Discharged or acquitted prisoner; liability for costs or fees.

✓ current as of July 2026

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THE CODE OF CRIMINAL PROCEDURE

Act 175 of 1927

768.34 Discharged or acquitted prisoner; liability for costs or fees.

Sec. 34.

No prisoner or person under recognizance who shall be acquitted by verdict or discharged because no indictment has been found against him, or for want of prosecution, shall be liable for any costs or fees of office or for any charge for subsistence while he was in custody.

History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17327 ;-- CL 1948, 768.34

FormerLaw Notes:

See section 12 of Ch. 165 of R.S. 1846, being CL 1857, § 6079; CL 1871, § 7958; How., § 9427; CL 1897, § 11954; and CL 1915, § 15827.

Notes of Decisions

Cited in 2 cases, 1974–2016 · leading case: People of Michigan v. Terrence Lamontt Jose (Mich. Ct. App. 2016).

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People of Michigan v. Terrence Lamontt Jose (Mich. Ct. App. 2016). · cites it 6× “Relying upon MCL 768.34, defendant moved to vacate the circuit court’s order requiring that he reimburse the county for the cost of his court-appointed counsel, arguing that someone who had charges dismissed through nolle prosequi was not required to reimburse the county for the…”

People v. Lavan, 218 N.W.2d 797 (Mich. Ct. App. 1974). “Defendant also claims that Michigan statute, MCLA 768.34; MSA 28.1057, authorizes the trial court to grant such an award.”

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