Deferred Disposition Lawyer Grand Rapids MI
Get Your Criminal Charges Dismissed
Deferred disposition, also known as deferred adjudication, is a legal process where a defendant pleads guilty or no contest to criminal charges but is not immediately convicted. Instead, the court defers the proceedings and places the defendant on probation for a stipulated period. During this time, the defendant must comply with certain conditions set by the court, such as attending counseling, performing community service, or avoiding further legal trouble. If you are facing criminal charges in Michigan, a deferred disposition may allow you to avoid a permanent conviction on your record. Under MCLA 771.1, judges have the discretion to place certain defendants on probation instead of entering an immediate conviction. If you successfully complete the probation terms, your case can be dismissed, keeping your record clear.
Attorney Mark Caldwell, an experienced criminal defense lawyer in Grand Rapids, helps clients pursue deferred dispositions to protect their future, career, and reputation.
My name is Mark Caldwell and I’m here today to discuss deferred dispositions. People may wonder what is a deferred disposition. It is where you have a charge and then you do a term of probation. And if you’re successful on that probation, the charge will go away like it did not happen. It still will appear on your non-public record. It will not appear on your public record. What agencies who has non-public records of this? It would be law enforcement, judges, and certain government offices.
Now, the first deferred disposition would be the home’s Youthful Training Act, which is also known as HYTA. That is a disposition for people that are between the ages of 17 and 26. If the individual is over 21 years old, it requires approval from the prosecutor. If they are under 21, it requires approval just from the judge. So, if you’re over 21, it requires approval from both the judge and the prosecutor.
With a deferred disposition, there are certain crimes that are not going to be eligible for that. That would be traffic offenses such as your OWIs would be any major controlled substance offenses. Most criminal sexual conduct offenses and offenses where the maximum imprisonment could be up to life in prison.
When you are sentenced under HYTA, typically there’s around 12 months of probation. You have to do community service. You have to do counseling, which could be drug and alcohol counseling, as well as paying off your fines and costs. And you have to do all of this successfully. And then once you do it successfully, the charge comes off your public record.
If you’re unable to do it successfully, it will result in a violation of your probation. And usually when you violate on your probation, you lose your height of status would be drinking while on probation cuz a typical condition of probation is that you not use drugs or alcohol.
The second deferred disposition would be a domestic violence disposition. That would be under the 7694A statute. So domestic violence is any offense that occurs with an assault in a home. So it would be all residents of a home would be umbrella under the domestic violence. This could be your wife or your husband or children. Anyone that resides in the home would be charged with domestic violence.
With the domestic violence, it needs approval from the prosecutor and the judge. It does not require approval from the victim. However, if the victim is unwilling to approve it, generally the prosecutor is not going to offer it. They’re going to defer to whatever the victim wants.
The third deferred disposition would be under the controlled substance. That would be use and possession of a controlled substance and that would be under MCL74117411. With the controlled substance deferred disposition, typically it would be 12 months of probation. You have to do drugs and alcohol counseling. You’d have fines and costs, community service, and again you would have to successfully complete all that, which if you don’t complete, you’ll lose your 7411 status and the charge will go on your record.
Another benefit of the 7411 status is if you’re charged with a use or possession of controlled substance such as cocaine or heroin or any analoges like ecstasy, you will have license sanctions, which would on your first offense be a 30-day hard suspension and then a 5-month restricted license. If you get the 7411 diversion, you will not have those license sanctions.
The last deferred disposition would be under 771.1. This one is the one least used by courts, but it allows a judge the discretion to delay a sentence and then after term of probation, dismiss the charges.
And the reason why you want deferred disposition is so that when you go to get a job and you have to put down, do I have a criminal offense? You can check the box, no, you do not because it won’t show up on a public criminal background case search.
If you have any questions, give me a call, text me. My name is Mark Caldwell. My phone number is 616-915-6576. My email is mark@markmcaldwell.com.
There are four deferred dispositions.
The first one would be HYTA, otherwise known as HYTA. That’s the Homes Youthful Training Act.
The second one would be 7411, which is your controlled substance use and possession charges.
The third one would be under the 7694A diversion. That would be for domestic violence cases.
And the last one would be a deferred disposition under MCL771.1.
My phone number is 616-915-6576.
What Is Deferred Disposition in Michigan?
Deferred disposition is a legal option that allows the court to postpone entering a conviction while you complete probation and other requirements. Once those requirements are fulfilled, the charge is dismissed. If you do not meet the conditions, the court can enter a conviction and sentence you accordingly.
This option is often available for first-time offenders charged with less serious crimes, such as misdemeanors or non-violent felonies.
What Criminal Charges are Eligible for Deferred Disposition?
Not every charge qualifies for deferred disposition. Judges review each case individually, but in general:
Eligible Offenses May Include:
- First-time drug possession charges
- Minor theft or retail fraud
- OWI (Operating While Intoxicated) for first-time offenders
- Other non-violent misdemeanors
Ineligible Offenses Typically Include:
- Murder and attempted murder
- Criminal sexual conduct (CSC)
- Armed robbery and major violent crimes
- Repeat or serious felony offenses
Mark Caldwell carefully evaluates your case to determine whether you qualify and develops the right strategy to pursue this outcome.
How the Deferred Disposition Process Works
The process usually follows these steps:
- Plea Agreement: You enter a guilty plea, but the conviction is not immediately entered.
- Pre-Sentence Investigation (PSI): The probation department prepares a report, including background details and recommendations.
- Probation Terms: The judge sets specific conditions, which may include community service, fines, treatment programs, or counseling.
- Compliance Period: You must follow all probation terms during the set timeframe.
- Case Dismissal: If you successfully complete probation, the judge dismisses your charge, leaving you without a conviction.
Benefits of Deferment of Criminal Charges
Entering a deferment period for a conviction can be a life-changing opportunity. The benefits of deferment of criminal charges include:
- Avoiding a criminal record
- An opportunity for a probation period to prove your worthiness of a second chance
- Protecting your future
- Improving employment and school opportunities due to a lack of a criminal record
- Better sense of self
- Peace of mind
Costs and Conditions of Deferred Disposition
While this option protects your record, it does come with financial obligations. In Michigan, probation and deferred disposition fees can be up to $1,620, depending on the case. You may also be responsible for court fines, restitution, and program fees (such as counseling or substance abuse treatment).
Attorney Caldwell ensures you fully understand the financial and legal requirements before you enter an agreement.
Key Michigan Laws Relevant to Deferred Disposition
1. MCL 771.1 – Deferred Sentence and Probation Statute
MCL 771.1 provides a flexible option for first-time offenders or those facing minor charges, allowing the court to delay sentencing while evaluating suitability for probation. This law helps eligible defendants complete certain requirements before a formal conviction is entered.
Who it applies to:
- Individuals charged with non-violent misdemeanors or certain low-level felonies
- Defendants deemed unlikely to reoffend and suitable for probation
How it works:
- The court can delay sentencing for up to one year
- During the delay, the defendant is placed on probation under specific terms
- Conditions may include fines, counseling, or participation in treatment programs
Result if completed:
- Charges may be dismissed or a conviction avoided
- Helps maintain a clean record for employment, housing, and professional opportunities
2. MCL 762.11 – Youthful Trainee Status
MCL 762.11 law allows younger first-time offenders to be assigned “youthful trainee” status, giving them a chance to avoid a conviction while completing probation or educational requirements. It is designed to support rehabilitation rather than punishment.
Who it applies to:
- Individuals aged 17–24 (before Oct. 1, 2021) or 18–26 (after Oct. 1, 2021)
- First-time offenders who meet court and prosecutorial consent requirements
How it works:
- The court may assign youthful trainee status instead of entering a conviction
- Probation may include attending school, seeking employment, or electronic monitoring for older defendants
Certain serious or repeat offenses are excluded
Result if completed:
- The offender avoids a formal conviction on their record
- Provides a structured opportunity to complete education or employment commitments
3. MCL 769.4a – Assaultive Crimes Involving Domestic or Household Relationships
MCL 769.4a allows courts to defer proceedings for first-time domestic assault offenders, providing an opportunity to complete probation and counseling while avoiding a formal conviction. The law emphasizes rehabilitation and protection for both the offender and the community.
Who it applies to:
- Individuals charged with assault against a spouse, former spouse, partner, or household member
- First-time offenders with no prior assaultive convictions
How it works:
- The court may defer proceedings and place the accused on probation with consent
- Probation conditions can include counseling, fines, or educational programs
- Adjudication occurs only if probation terms are violated
Result if completed:
- Charges can be dismissed without entering a conviction
- Maintains eligibility for jobs and professional licensing while ensuring compliance with court orders
4. MCL 333.7411 – Controlled Substance Possession or Use
The statute MCL 333.7411 offers a chance for first-time drug offenders to have their proceedings deferred. This allows them to engage in treatment programs and fulfill probation requirements, helping them avoid a lasting criminal record and encouraging rehabilitation.
Who it applies to:
- Individuals charged with first-time possession or use of controlled substances or imitation drugs
- Defendants who have not previously been convicted under narcotics laws
How it works:
- The court may defer further proceedings and place the defendant on probation
- Probation may include fees, participation in treatment or education programs, and ongoing monitoring
- Violations of probation can trigger adjudication
Result if completed:
- Charges may be dismissed without a conviction
- Protects employment, education, and professional licensing while providing rehabilitation opportunities
How Attorney Mark Caldwell Can Help With Deferment of Charges
Navigating the complexities of deferred disposition requires expert legal guidance. Having an experienced deferred disposition lawyer by one’s side plays a pivotal role in helping clients understand and navigate this process.
Here’s how Mark Caldwell helps clients with case dismissal through deferred disposition:
By consulting with Attorney Mark Caldwell, clients receive the knowledgeable representation and strategic counsel necessary to navigate the deferred disposition process effectively. This not only maximizes their chances of having charges dismissed but also minimizes the long-term consequences of a criminal record. He also helps clients understand the difference between deferred adjudication vs deferred disposition, so they know exactly what to expect from their case.
FAQs
Deferred disposition is a legal process where a defendant pleads guilty or no contest, but sentencing is postponed. If the defendant completes probation and court-ordered conditions successfully, the charge may be dismissed, avoiding a permanent conviction on their record.
While often used interchangeably, deferred adjudication vs deferred disposition may differ by jurisdiction. Typically, both involve delaying conviction while placing a defendant on probation. If probation is completed successfully, the charges can be dismissed without a conviction appearing on the criminal record.
A skilled deferred disposition lawyer negotiates plea agreements, ensures you understand probation requirements, monitors your case progress, and represents you in court hearings, maximizing your chances for a clean record upon successful completion.
Eligibility depends on the nature of the charge and local court policies. Many misdemeanor and some non-violent felony cases may qualify. Mark Caldwell can determine your eligibility during an initial case evaluation.