Deferment of Criminal Charges
Domestic Violence Cases:
Under MCL 769.4a, a court can defer proceedings in an assault and battery case without entering a guilt judgment. This is possible when the accused, with no prior assaultive conviction, pleads guilty or is found guilty of assault and battery under MCL 750.81 AND 81A. The victim must be the offender's spouse/former spouse, someone with a child in common with the offender, someone with a dating relationship, or someone residing in the same household. Although guilt is not entered, law enforcement records will reflect the arrest and deferral process.
Controlled Substance Cases:
MCL 333.7411, known as "7411," allows defendants charged with non-major drug offenses to avoid a drug conviction upon completing the court's sentence. Non-major offenses typically involve simple possession of controlled substances like marijuana, cocaine, heroin, or ecstasy. Major offenses, such as delivery or manufacture of drugs, are ineligible for "7411" consideration.
While not technically a deferral, MCL 771.1 permits courts to delay sentencing for up to one year in felony, misdemeanor, or ordinance violation cases (excluding certain serious offenses). This deferral does not require consent from the accused, prosecutor, or victim.
Holmes Youthful Trainee Act (HYTA):
HYTA, governed by MCL 762.11, is a deferral law with age restrictions. It applies to defendants aged 17 to 21 who commit crimes within that age range. HYTA is not applicable to life offenses, traffic offenses, or most criminal sexual conduct offenses. Like other deferral statutes, HYTA ensures a non-public record of the offense, but all court sentence requirements must be fulfilled.
Minor In Possession of Alcohol:
Under MCL 436.1703(3), the court can discharge and dismiss the proceedings for "MIP" cases after the defendant fulfills probation terms. To qualify for this deferral, the defendant must not have any previous convictions or juvenile adjudications related to purchasing, consuming, or possessing alcohol.