First Offense Dismissals Without Trial, MCL 769.4a
A first offender charged with Domestic Violence in Michigan may be entitled to a plea bargain which will result in a dismissal of the charge upon compliance with conditions spelled out by the court. This provision is found at MCL 769.4a. This provision can only be used one time and is not available for repeat offenders. This is an excellent option which many of our clients have used to keep a Domestic Violence conviction off of their record.MCL 769.4a Is Available in Every District Court In Michigan
The offense of Domestic Violence is a misdemeanor and is handled in the district court. This provision is available in every district court including Clinton Township, Warren, Shelby Township and Sterling Heights.
MCL 769.4a requires the consent of the prosecuting attorney and the victim. An admission of guilt is required although the court will withhold entering the judgment of guilt. The proceedings are deferred and the accused is placed on probation with conditions that may include anger management, family counseling, random drug/alcohol testing and a substance abuse program. Upon successful completion of probation, the case is dismissed. Upon violating a term of probation, the court may enter an adjudication of guilt and sentence the defendant.
Our firm has negotiated this disposition for many clients who are guilty and do not wish to have public trial; exposing embarrassing details about a personal family incident. Many clients want to protect themselves and other close family members, such as children, from testifying about graphic details of a domestic fight. There are other clients that are able to explain a domestic event as a misunderstanding not involving an assault. In cases such as this, our attorneys speak to the police and the prosecutor and try to negotiate a resolution without trial and without taking a plea pursuant to MCL 769.4a.
You have many options when you are charged with a Domestic Violence offense, including trial and non-trial options such as MCL 769.4a, which will enable you to keep your record clean. The ABDO LAW FIRM promises to explain all of your options and make recommendations for the best course of action in your particular case.