Domestic Violence Diversion for First Time Offenders

If you have been arrested and charged with Domestic Violence or DV and you are a first time DV offender, Michigan law provides a diversionary program in which you may be eligible to participate. You have to convince the Prosecutor, Judge, and alleged victim to allow you 769 status, so it's probably a good time to get a criminal defense guy who knows the Court system and can guide you through the process.

Under MCL 769.4a, when an individual who has not been previously convicted of Domestic Violence pleads guilty or is found guilty of Domestic Violence and the victim is the accused' spouse, former spouse, a person with whom the accused had a child, an individual who has or has had a dating relationship with the accused, or is a person living or having lived in the same home as the accused, the Court, without entering a judgment of guilt and with the consent of the accused and approval of the Prosecuting Attorney, may defer further proceedings and place the accused on probation.

If you successfully fulfill the terms and conditions of the probation, generally includes anger management classes, the court will then dismiss the charges against you and you can honestly say that you have never been convicted of a crime.

At Schmierlaw., if you qualify for 769.4a status, we will negotiate with the Prosecutor and the Judge to make sure you have the best chance of being sentenced under this program.