Michigan Domestic Violence Law MCL 769.4a - Just Got Tougher...

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! 
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