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xavierjd
xavierjd, Lawyer
Category: Criminal Law
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Experience:  Over 20 yrs experience in prosecution and defense work
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ok in 2007 i had a dv and was given a defered sentince it was

Customer Question

ok in 2007 i had a dv and was given a defered sentince it was to be taking off my recoer and in 2011 i had a nother dv and asked for a defered and got it and now that im almost done with all that was asked of me i have a new senticing date is this a viloation or my rights can i have 2 defered
i lost my job due to the charge and its effected my credit
Submitted: 2 years ago.
Category: Criminal Law
Expert:  xavierjd replied 2 years ago.
Thanks for using JustAnswer.com It will be my pleasure to assist you.

If you received a deferred sentence for domestic violence in 2007, it was probably pursuant to Michigan Compiled Law 769.4(a).

MCL 769.4a requires the consent of the prosecuting attorney and the victim. An admission of guilt is required although the court will withhold entering the judgment of guilt. The proceedings are deferred and the accused is placed on probation with conditions that may include anger management, family counseling, random drug/alcohol testing and a substance abuse program. Upon successful completion of probation, the case is dismissed. Upon violating a term of probation, the court may enter an adjudication of guilt and sentence the defendant.

You are not entitled to a second deferral. The new sentencing date may have been set to let you know that a conviction for the second DV will be placed on your record because you already had a DV case deferred. There has been no violation of your rights.

However, if you are going to be sentenced on the second DV, your court appointed attorney was most likely notified. You can ask your probation officer or a clerk at the court if s/he was notified. Your attorney should have asked you if you had ever had a deferred sentencing for a DV before. If s/he had asked you, or you told him/her about the 2007 deferral, then possibly another plea bargain could have been entered, or different terms of probation would have been set. If your attorney has been notified to appear at you sentencing, then s/he can explain to the judge the circumstances that led you to enter into the deferral for the second case. If your attorney was not notified, you can ask the judge to be represented by an attorney for your sentencing, and if you can't afford one, you can ask for a public defender.

Unfortunately, as I stated above, you can only use the deferral statute once. I wish I could have provided you a more favorable answer, but the law is clear.

I do hope that you find this information useful and that you CLICK ON THE SMILEY FACE so that I can get credit for answering the question. Thank you. Good luck.

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