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Michigan and Detroit Criminal Defense Lawyer
Call Today (248) 705-3742

Contact us at The Law Office of James G. Schmier, PLLC

HYTA, 7411, 769.4a and 771.1- Diversion Programs and Deferred Sentencing Available for First Time Offenders
There are deferred sentencing and diversion programs available for certain crimes, if you are a first time offender. These programs are available for crimes such as 769.4a for domestic violence, 333.7411 for certain drug crimes, Holmes Youth Training Act or HYTA Probation for offenses committed by persons between the ages of 17 and 21, and deferred sentencing under MCL 771.1.

MCL 769.4a allows first time domestic violence offenders, after a plea of guilty, to be sentenced to probation and after successfully completing the terms of probation to have the charged dismissed. Generally, if alcohol or drugs were involved, you will be subjected to random alcohol or drug testing. In addition, some sort of anger management program is mandated. While under this diversion program the actual court conviction is shielded from public view, arrest and fingerprint records which may be maintained by the Michigan State Police or the police agency where you were arrested, will not be destroyed.

MCL 333.7411 allows the court to sentence first time drug offenders to a probationary term not to exceed 12 months, and again, if the terms of that probation are met, the charge against the defendant is dismissed. Generally, the defendant is required to attend some sort of drug counseling program and is required to submit to random drug testing. Like 769.4a, fingerprint and arrest records will not be destroyed.

The Holmes Youth Training Act or HYTA is available for youthful offenders between the ages of 17 and 21. Under this diversion program, the court will sentence the offender to probation that generally includes some community service. Like other diversion programs, if the terms of probation are completed successfully, the original charge is dismissed. An added benefit of being sentenced under HYTA is that any arrest and fingerprint records are also hidden from public view unlike 769.4a, 7411 or a deferred sentenced.

Under MCL 771.1, a criminal defendant may be able to avoid a conviction through a process involving a deferred sentence. With the prosecutor’s approval, the court will impose certain conditions on the defendant at the plea hearing, and if the defendant satisfactorily complies with the required conditions during the period of deferral, the charge may be dismissed. The court also has the authority to hold a defendant’s plea under advisement under MCR 6.302(C)(3)(d), (F). Some judges will take pleas under advisement, set conditions, and dismiss the charge if the client complies.

The Law Office of James G. Schmier, PLLC is a Criminal Defense, Drunk Driving DUI and Family Law and Divorce law firm and provides legal representation in Wayne County, Oakland County, Macomb County and throughout Michigan including these Michigan cities:

Macomb County

Armada
Centerline
Chesterfield Twp.
Clinton
Eastpointe
Fraser
Harrison
Lenox
Macomb
Memphis
Mt. Clemens
New Baltimore
New Haven
Richmond
Romeo
Roseville
St. Clair Shores
Sterling Heights
Shelby
Utica
Warren
Washington

St. Clair County

Port Huron
Capac
Saint Clair
Algonac
Keewahdin
Marine City
Emmett
Yale

Washtenaw County

Ann Arbor
Ypsilanti
Chelsea
Saline
Manchester
Milan
Dexter

Ingham County

Lansing
East Lansing
Williamston
Webberville
Stockbridge
Meridian Township
Dansville

Oakland County

Auburn Hills
Addison Twp.
Berkley
Beverly Hills
Bingham Farms
Birmingham
Bloomfield
Bloomfield Hills
Brandon Twp.
Clarkston
Clawson
Commerce
Farmington
Farmington Hills
Ferndale
Franklin
Groveland
Hazel Park
Highland
Holly
Huntington Woods
Independence
Keego Harbor
Lake Angelus
Lake Orion
Lathrup Village
Lyon Twp.
Madison Heights
Milford
Novi
Novi Township
Oak Park
Oakland Township
Orchard Lake
Orion
Ortonville
Oxford
Pleasant Ridge
Pontiac
Rochester
Rochester Hills
Royal Oak
Southfield
South Lyon
Springfield
Sylvan Lake
Troy
Walled Lake
Waterford
West Bloomfield
White Lake
Wixom
Wolverine Lake

Wayne County

Allen Park
Belleville
Brownstown
Canton
Dearborn
Dearborn Heights
Detroit
Ecorse
Flat Rock
Garden City
Gibraltar
Grosse Isle
Grosse Pointe
Grosse Pointe Farms
Grosse Pointe Park
Grosse Pointe Woods
Hamtramck
Highland Park
Huron
Inkster
Lincoln Park
Livonia
Melvindale
Northville
Plymouth
Redford
River Rouge
Riverview
Rockwood
Romulus
Southgate
Sumpter
Taylor
Trenton
Van Buren
Wayne
Westland
Woodhaven
Wyandotte

Call for a No Cost Initial Consultation
The Law Office of James G. Schmier, PLLC
Criminal Defense, Drunk Driving DUI Defense and Family Law Divorce Attorney
(248) 705 3742

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