Is There A Chance For Dismissing Your Case?

The Law Offices of Nickolas Daniels and Associates will always work for an outcome that is in your best interests. We will work to minimize probation and jail time and reduce or dismiss charges.

Can My Case Get Dismissed?

Getting charges dismissed is what most, if not all, clients hope for. Unfortunately, it rarely occurs. However, most people do not realize that Michigan law provides for the dismissal or expungement of a conviction in certain circumstances.

HYTA (Holmes Youthful Trainee Act) - MCL 762.11

Individuals who plead guilty to criminal charges that occurred after their 17th birthday and before their 24th birthday may be assigned by the court to the status of youthful trainee. In essence, they are given the opportunity to prevent a conviction from being entered. Certain offenses are prohibited from being assigned HYTA status. Also, individuals between the ages of 21 and 24 must obtain the prosecuting attorney's consent to HYTA status. Incarceration and probationary terms may still be imposed while on HYTA status, and failure to follow any conditions imposed by the court may result in the revocation of HYTA status. If all terms and conditions imposed by the court are successfully completed, then the court will discharge the individual and dismiss the proceedings.

Domestic violence dismissals - MCL 769.4a

When an individual who has not been convicted of any assaultive crime pleads guilty to domestic violence, the court, with the victim's consent, may withhold entering a judgment of guilt and place the individual on probation. When all the terms of probation are successfully completed, the court will discharge the individual and dismiss the charge. However, only one charge during the individual's lifetime may be dismissed under this law. A violation of the terms of probation will likely result in the conviction being entered on the individual's public record.

Delayed sentence - MCL 771.1

An individual placed on probation for certain criminal offenses may be entitled to a delayed sentence, for not more than one year, to give the individual an opportunity to remove the conviction from his or her record. When sentencing is delayed, the court will enter an order stating the reason for the delay. The delay does not prevent the court from entering sentence if the conditions of probation are not successfully completed. Keep in mind that while on probation, the conviction will appear on a public record.

The Law Offices of Nickolas Daniels and Associates encourages anyone charged with a misdemeanor or felony in Macomb, Oakland or Wayne counties to immediately contact our office. Your access to our knowledge, experience and strategic approach to handling criminal matters begins the moment you call. We have had numerous charges dismissed under the above laws and for insufficient evidence and can determine if you qualify for one of these laws.