Michigan First Time Offenders, Special Sentencing Provisions

If you are charged with a Michigan criminal offense you may be eligible for a special disposition whereby the offense can be dismissed upon meeting certain requirements. Our criminal defense attorneys have utilized each of these provisions in Macomb and Oakland County circuit and district courts for eligible offenders.

Drug Crimes: MCLA 333.7411: This provision allows for a first time offender involving use or possession of marijuana or controlled substance to have the proceedings deferred without entering a judgment of guilt. Upon compliance, the court shall discharge the individual and dismiss the proceedings. There may be only one lifetime discharge and dismissal under this section as to an individual.

Youthful Offenders (HYTA): MCLA 762.11: This provision is applicable for offenders age 17 but before age 21 whereby a criminal offense is dismissed after compliance which includes probation and may include incarceration. Youthful trainee status is not available for certain offenses, including but not limited to offenses involving life in prison or major controlled substance offenses.

Domestic Violence:769.4a: When an individual who has not been convicted previously of an assaultive crime pleads guilty to, or is found guilty of domestic violence, the court, without entering a judgment of guilt and with the consent of the accused and of the prosecuting attorney may defer further proceedings and place the accused on probation.

Minor in Possession of Alcohol (MIP): This law provides for a discharge and dismissal for a first offense individual who has not previously been convicted of the MIP laws.

Delayed Sentence: MCLA 771.1: This provision is a vital tool for Michigan criminal defense lawyers. In prosecutions for felonies or misdemeanors, other than murder, criminal sexual conduct and major drug offenses, if the defendant is found guilty upon verdict or plea and the court determines that the defendant is not likely to engage in an offensive or criminal course of conduct and the public good does not require that the defendant suffer the penalty imposed by law, the court may place the defendant on probation for not more than 1 year to give the defendant an opportunity to prove his eligibility for probation or other leniency compatible with the ends of justice.

Contact the ABDO LAW FIRM in Clinton Township to discuss your options. We will evaluate your case and make recommendations which may include dismissals by employing some of these laws.