Deferred Sentencing (Drug Offenses)

What is "deferred sentencing"?

"Deferred sentencing" is a procedure where the entry of a criminal conviction is delayed until after the defendant is given an opportunity to successfully complete probation. If probation is successfully completed, the defendant will be discharged and the case will be dismissed with no conviction entering on defendant's record. However, if probation is failed, a conviction will enter on the defendant's record.

Is "deferred sentencing" available for drug crimes?

Yes.

How does a person get "deferred sentencing" for drug offenses?

All of the following circumstances must exist, per MCL 333.7411, for a defendant to get "deferred sentencing" on a drug crime:

  • The defendant must be plead guilty to, or be found guilty of, USE of a controlled substance (under MCL 333.7404) or POSSESSION of a controlled substance (under MCL 7403(2)(a)(v) or 333.7403(2)(b)) or USE OR POSSESSION of an imitation controlled substance (under MCL 333.7341) for a second time. [NOTE: Deferred sentencing is unavailable for DELIVERY and POSSESSION WITH INTENT TO DELIVER offenses.]

  • The defendant must not have been previously convicted of any offense under Michigan's Controlled Substances Act or any federal or state offense relating to narcotic drugs, coca leaves, marihuana, or stimulant, depressant, or hallucinogenic drugs. [NOTE: This does not apply to convictions for substantially corresponding local ordinances.]

  • The defendant must not have previously applied for deferred sentencing under MCL 333.7411.

  • The defendant must consent to the deferred proceedings. [NOTE: The prosecutor's consent is not required.]

  • The court may exercise its discretion to grant deferred proceedings under MCL 333.7411 (the court is not required to grant such proceedings).

  • The court must, if it decides to grant deferred proceedings under MCL 333.7411, place the defendant on probation with various terms and conditions.

  • Upon fulfillment of the terms and conditions of probation the court must discharge the defendant and dismiss the proceedings.

  • However, upon any violation of a probationary term or condition, the court may enter an adjudication of guilt and proceed as if the defendant was convicted of the charged offense.

What is the legal effect of successfully completing the "deferred sentencing" requirements in MCL 333.7411?

The defendant will be discharged from probation; the case will be dismissed and turned into a non-public record (viewable only by courts and police agencies); and the discharge and dismissal will be without an adjudication of guilt and therefore not a conviction under MCL 333.7411 (or for purposes of disqualifications or disabilities imposed by law upon a conviction of a crime).

How many times can a defendant be granted "deferred sentencing" under MCL 333.7411?

One time only. MCL 333.7411 limits a person to 1 discharge and dismissal.

Can a defendant be granted "deferred sentencing" under MCL 333.7411 if he pleads "no contest" (or nolo contendre)?

No. MCL 333.7411 specifically requires that a defendant plead guilty or be found guilty of the enumerated crimes.

Can a defendant be sentenced to jail even if "deferred sentencing" is granted?

Yes. Nothing in MCL 333.7411 prevents a judge from sentencing a defendant to jail time. However, the imposition of jail time is not required and will depend on many facts and circumstances.

Does "deferred sentencing" under MCL 333.7411 prevent a court from ordering driver's license sanctions?

No. In Michigan, courts may still impose driver's license sanctions, i.e., suspend or restrict a person's driving privileges, even when a defendant has been granted "deferred sentencing" for a drug offense under MCL 333.7411.