There is no doubt that you have a hundred questions if you or a loved one is charged with a crime. It is probably safe to say that the number 1 question is:
Can the criminal case be dismissed?
The answer is YES For both adults and juveniles in many scenarios.
Fortunately, there are special provisions of law in Michigan to get criminal crimes dismissed for adults and juveniles. Some cases and clients fit neatly in a particular provision of law to ultimately obtain a dismissal. When a plea bargain is achieved to have criminal matter dismissed under a special provision of law, the case is handled without a trial. Here are few common characteristics of the laws that we call first offender or alternative sentencing programs:
There are many reasons that a person would want to avoid a criminal conviction of a misdemeanor or felony. A person convicted of a felony can never own or possess a firearm in the United States. In addition, a conviction for a misdemeanor or felony crime related to dishonesty (larceny, embezzlement, retail fraud) can unfairly label an otherwise trustworthy person for life. An assault crime conviction can be a barrier to employment in certain industries. Yet, all of these matters can be resolved with a disposition to avoid a conviction or with a dismissal.
Alternative Sentencing Programs Available in Every Metro Detroit CourtABDO LAW has protected thousands of clients from getting stuck with a criminal record in every court located in the counties of Macomb, Oakland, St. Clair and Wayne, including the following court systems: 37th District Court (Warren, Centerline), 38th District Court (Eastpointe), 39th District Court (Roseville, Fraser), 40th District Court (St. Clair Shores), 41A District Court (Shelby and Sterling Heights Divisions), 41B District Court (Clinton Township, Harrison Township, Mt. Clemens), 42-1 District Court (Romeo, Washington Township, Richmond, Armada), 42-2 District Court (New Baltimore, Chesterfield Township, Lenox Township, New Haven), 44th District Court (Royal Oak), 52-3 District Court (Rochester, Auburn Hills), 52-4 District Court (Troy) and the 72nd District Court (Marine City, Port Huron Divisions).
Drug Crime Dismissals: Felony and misdemeanor drug crimes are subject to dismissal for offenders that qualify for MCLA 333.7411. This forgiving provision of law has the following characteristics:
HYTA: Dismissals of Felonies & Misdemeanors for Youthful Offenders: MCLA 762.11, also known as the HYTA statute, is applicable for eligible youthful offenders, age 18 but before age 26, to have designated misdemeanors or felonies dismissed and sealed after successful completion of probation along with any conditions ordered by the court. The following rules apply to HYTA cases:
Domestic Violence Dismissals: When an individual who has not been previously convicted previously of an assaultive crime pleads guilty to, or is found guilty of domestic violence, the court, with the consent of the prosecuting attorney, may defer further proceedings and place the accused on probation without entering a judgment of guilt. Similar to HYTA and MCL 333.7411, upon a violating probation, the court may enter an adjudication of guilt and impose sentencing which may include jail.
Delayed Sentence, Offense Reductions, Dismissals: MCL 771.1 is a Michigan law which can provide a remedy to an individual when no other provision applies. In this regard, it is an invaluable tool for criminal defense lawyers and is useful in defending adults charged with uttering and publishing, embezzlement, assault crimes, retail fraud and other criminal matters. This provision of law is beneficial to our clients in two (2) distinct ways:
Juvenile Dismissals, Diversion and Consent Calendar: In Michigan, all juvenile court systems have a program known as the consent calendar. The consent calendar allows for the dismissal of a criminal offense committed by a juvenile without any finding of guilt or record of the proceedings. Some courts also have a program known as diversion which also results in a dismissal for offenders willing to accept responsibility and abide by certain conditions spelled out by the court.
Stop stressing and contact the ABDO LAW FIRM in Macomb County 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.
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