First Time Offenders, Dismissals and Avoidance of Convictions
Dismissals and avoidance of a conviction can be achieved for eligible crimes and offenders. If you are charged with a Michigan criminal offense, you may be eligible for a special disposition whereby the offense can be dismissed pursuant to alternative sentencing provisions of law. Our criminal defense attorneys know which specific Michigan statutes can result in a dismissal or save you from being convicted of a crime without going to trial.
The following are examples of Michigan laws which the ABDO LAW FIRM has utilized in the Macomb, Oakland, Wayne and St. Clair district and circuit courts for eligible offenders to avoid convictions or obtain dismissals.
Dismissal of Drug Crimes: MCLA 333.7411 allows for a first time offender involving use or possession of marijuana or controlled substance (felony or misdemeanor) 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 drug crime discharge and dismissal under this section.
Dismissal of Domestic Violence: MCLA 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.
Dismissal of Offenses by Youthful Offenders, the Youthful Trainee Act (HYTA): MCLA 762.11 is applicable for youthful offenders age 17 but before age 21 whereby a criminal offense (felony or misdemeanor) 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.
Reductions, Dismissals and Delayed Sentence: MCLA 771.1 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, dismissal or reduction of charges, or other leniency compatible with the ends of justice.
Dismissal of Minor in Possession of Alcohol (MIP): MCLA 436.1703 makes it a crime for a person under age 21 to be in possession of alcohol or to have .02% or more blood alcohol content. This statute also provides for a discharge and dismissal for a first time MIP offense.
More than One Crime May Be Dismissed Pursuant to HYTA or the Delayed Sentence Statute
Use of MCLA 333.7411 (drug crimes) and MCLA 769.4a (domestic violence) may be only used once in a person’s lifetime. However, HYTA (youthful offenders) and MCLA 771.1 (delayed sentence) may be utilized more than once for the same offender and may be utilized to obtain dismissals of multiple criminal charges. We recently convinced a Judge to give HYTA status to our client, age 18, who was charged with 5 felony home invasion cases in Macomb County. In addition, MCLA 771.1 is often utilized by our firm to obtain reductions or dismissals of felony charges.
Contact the ABDO LAW FIRM in Clinton Township to discuss your options. We will evaluate your case from every angle to determine the best course of action and your eligibility for dismissal of criminal charges pursuant to alternative sentencing provisions.