Michigan Domestic Violence Law MCL 769.4a - As of April 2013 - Gets Tougher...
Michigan MCL 769.4a Law Gets Tougher! In the past, defendant's have welcomed the
Michigan Domestic Violence Law MCL 769.4a
because with it came the promise of
no conviction
and
no future consequences. Until April 2013, a person who successfully completed probation requirements
did not have a conviction. However, Michigan Legislature amended the Michigan
Domestic Violence
Law MCL 769.4a Statute with Public Act 550, of 2012, and the law has now changed:
Michigan Domestic Violence Law MCL 769.4a (1)
1. "
When an individual who has not been convicted previously of an assault
crime, pleads guilty to or is found guilty of a violation... the court
may defer further proceedings and place the accused on probation..." Interpretation... The Michigan Domestic Violence Law 769.4a amendment
now prohibits eligibility if you have been convicted of a previous domestic
violence charge. Where before it was possible for an individual to receive
multiple deferrals, it is now only available to first-time offenders.
Michigan Domestic Violence Law MCL 769.4a (5)
2.
"Discharge and dismissal under this section shall be without adjudication
of guilt and is not a conviction, for purposes of this section..., but itis a prior conviction in a prosecution under sections...if...".
Interpretation... Michigan Domestic Violence Law MCL 769.4a now states
that, if you are accused of violating Michigan Domestic Violence Laws,
again, this one-time Deferral (which is meant to be used as a rehabilitative
measure) through
Michigan Domestic Violence Law MCL 769.4a
will be treated as a prior conviction. In other words, YOU LOSE YOUR DEFERRAL
ALTOGETHER and both convictions become part of your permanent (public)
record. Please note: In some courts, the Prosecutor may refuse to offer
the Michigan Domestic Violence Law 769.4a if your accuser tells them that '
this has happened before', even without a prior report or charge ever being filed. If you have
previously used the Michigan Domestic Violence Law 769.4a Deferral, you need us!
Call Prain Law, PLLC
at
(248) 731-4543
now, (or complete the form below) for experienced counsel and representation.
It makes a difference when you know us... because we know the law!
