Keeping A Domestic Violence Charge Off Your Record With A 769.4a Diversion
The unlawful touching upon a spouse, former spouse, person with whom you have a child in common, or person residing in the same household is called a Domestic Violence.
If you have been charged with domestic violence and it is your first offense, you may be eligible to have the charge dismissed, and thus keep your record clean pursuant to Michigan Law Criminal Code 769.4a. It seems pretty cut and dry, but there are requirements.
- The “victim” must be someone you have had a personal relationship with, such as your spouse or former spouse, or a person living or having lived in the same home as you, or someone you have or had a dating relationship with.
- You cannot have been convicted of an assaultive crime in the past. An assaultive crime is usually any sort of violent crime or crime that puts another person in fear of being hurt by you.
- You have to accept responsibility for what happened and plead guilty.
- The prosecuting attorney must give their stamp of approval after discussing the program with the “victim.”
Once the requirements are satisfied, the court may defer any further proceedings against you and just put you on probation instead. Your guilty plea with the court will not be officially entered and it is not public information, so there will be no record of you being charged with the crime in the first place.
What Does Probation Mean?
It can mean any number of different things. It really depends on the specific facts of your case:
- The court can order you to participate in a counseling program and to pay the reasonable costs of such programs.
- If drugs or alcohol played a role in the incident, the court can order you to submit to random drug and alcohol testing.
- Additionally, the court can also order jail time not to exceed 12 months. However, with the right attorney, a work or school release program from jail can be negotiated.
After you successfully complete all the terms of your probation, the court will dismiss the charges. The good thing about taking a deal under this program, is that once your probation is done you can legitimately say that you have never been convicted of a crime – because you haven’t!
Attorney Morris has enjoyed a very successful and distinguished career as a trial lawyer providing high quality legal representation in the area of state and federal criminal defense for 20 years. He is known for his trial preparation by fellow attorneys, judges and clients alike. As a trial attorney, he is dedicated to attaining justice in every case, and is prepared to take on complex legal issues with success. Barton and his law firm pride themselves on obtaining results for their clients that other attorneys cannot.
Not only does Barton Morris have extensive experience, he also engages in continuing legal education to provide the highest quality legal services. Barton has received specialized scientific training through the American Chemical Society. He attended the prestigious Trial Lawyers College and serves on its Alumni Association Board of Directors. Barton Morris is also a board member of several distinguished legal associations including the Michigan Association of OWI Attorneys, and the DUI Defense Lawyer’s Association Justice Foundation. He is also an active member of the National Association of Criminal Defense Attorneys and has also graduated from their National Criminal Defense Trial College in Macon, Georgia.
Barton Morris was chosen as a Top Lawyer of Metro Detroit for 2012, 2013, 2014, 2019 and 2020 for DUI/DWI and criminal defense by DBusiness Magazine and Hour Magazine. Barton Morris was also chosen as a Super Lawyer in Criminal Defense for 2014-2020 and Barton Morris is the only Lawyer in Michigan designated by the American Chemical Society as a “Forensic Lawyer-Scientist”