Tuesday, September 15, 2020

What types of diversion programs exist for criminal charges in Michigan?

Michigan criminal offenses

Consent Calendar:  For juvenile offenders (currently under age 17), certain offenses qualify for a diversion in which the minor is neither fingerprinted nor officially “adjudicated,” and instead he/she is offered a chance to prove the charge should not proceed.  If the minor complies, there is no formal finding of responsibility and no adjudication/conviction. 

H.Y.T.A.:  An age-based diversion program (officially known as the “Holmes Youthful Trainee Act”) for adults 17-23 who plead guilty to certain offenses (currently, traffic and motor vehicle code offenses such as drunk driving do not qualify) and have their cases shielded from public view and ultimately dismissed upon successful completion of probation. 

MCL 333.7411:  A drug possession diversion program for first-offender possession cases. 

MCL 769.4a:  A diversion program for domestic violence cases (alternatively known as the “Spousal Abuse Act”), which notably requires the consent of the prosecutor. 

Prosecutor Diversion/Delayed Sentence Programs:  Many city/township and state prosecutor’s offices have their own built-in programs in which they will consider a charge “Under Advisement” or will delay sentencing upon successful compliance with conditions of bond or probation. 

Interested in finding out more? Read about diversion programs for Michigan criminal offenses on our website!

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