No Conviction for Client After Other Attorney Lost at Trial
Mar 27, 2018OUTCOME: No criminal conviction
I was retained by a man after he had lost at trial where he was found guilty of domestic violence. The client, who maintained that his actions did not match those described by the prosecution, was awai ... ting sentencing and pursuing an appeal. A review of the case showed no likely grounds for successful appeal so I approached the prosecutor about consenting to a deferred sentence under MCL 769.4a. That statute allows a person charged with domestic violence to have the case dismissed upon completion of probation, though there are requirements that must be met. First, the defendant may not have been either found guilty of domestic violence or had a deferred sentence under MCL 769.4a. Second, the prosecutor (in consultation with the victim) must consent. Third, there must be a finding of guilt. MCL 769.4a differs from other statutes, like MCL 762.11, in that it does not require that the client plead guilty. A mere finding of guilty is required, which can be accomplished by pleading guilty, pleading no contest and being found guilty, or being found guilty at trial. Once I convinced the prosecutor he was eligible for deferred sentencing, and obtained her consent, I filed a motion with the Court for sentencing under MCL 769.4a. The judge granted our request, sentenced the client pursuant to the statute, and the man now has no conviction for domestic violence even though he was found guilty at trial.