Deferred Sentencing (Minor In Possession- Alcohol 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 violated (i.e., failed), a conviction may enter on the defendant’s record.

Is “deferred sentencing” available for Minor In Possession-Alcohol (MIP) crimes?

Yes.

How does a person get “deferred sentencing” for MIP crimes?

All of the following circumstances must exist, per MCL 436.1703, for a defendant to get “deferred sentencing” on an MIP crime:

  • The defendant must plead guilty (or offer a plea of admission in juvenile delinquency proceedings) to purchasing, possessing, consuming, or having any bodily alcohol content of “alcoholic liquor.” (NOTE: “Bodily Alcohol Content” means either 1) an alcohol content of 0.02 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, or 2) any presence of alcohol within a person’s body resulting from the consumption of alcoholic liquor, other than consumption of alcoholic liquor as a part of a generally recognized religious service or ceremony.)

  • The defendant must not have been previously convicted of, or previously received a juvenile adjudication for, violating the MIP statute, MCL 436.1703.

  • The defendant must not have previously applied for “deferred sentencing” under MCL 436.1703(3).

  • The defendant must consent to the deferred proceedings.

  • The court must, if it decides to grant deferred proceedings under MCL 436.1703(3), 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, if any of the following circumstances exist, the court may enter an adjudication of guilt (or a determination in a juvenile delinquency proceeding) and proceed as if the defendant has committed the offense (and it may proceed as otherwise provided by law): (1) the defendant has violated a term or condition of probation; or (2) the defendant has used the deferred sentencing provision under MCL 436.1703 in another court.

What is the legal effect of successfully completing the “deferred sentencing” requirements in MCL 436.1703?

The defendant will be discharged from probation; the case will be dismissed and turned into a non-public record. Furthermore, the discharge and dismissal will be without an adjudication of guilt (or without a determination in a juvenile adjudication) and therefore not a conviction under MCL 436.1703.

Who can view my record once it becomes “non-public”?

The secretary of state, courts, prosecutors, and police agencies, upon request for the purpose of determining if an individual has already utilized this subsection.

How many times can a defendant be granted “deferred sentencing” under MCL 436.1703?

One time only. MCL 436.1703 specifically limits an individual to 1 discharge and dismissal.

Can a defendant be granted “deferred sentencing” under MCL 436.1703 if he pleads “no contest” (or nolo contendre) or is found guilty at Trial?

No. MCL 436.1703 specifically and expressly requires that a defendant plead guilty (or offer a plea of admission in a juvenile delinquency proceeding) to the enumerated crime to avail himself or herself of the deferred sentencing provision under MCL 436.1703.

Can a defendant be sentenced to jail for MIP (1st Offense)?

No. The maximum criminal penalties for MIP (1st Offense), a misdemeanor, are a $100.00 fine, community service, substance abuse screening and assessment (at the defendant’s own expense), substance abuse prevention services, and substance abuse treatment and rehabilitation. [Driver’s license sanctions are not authorized for this offense.]

Can a defendant be sentenced to jail for MIP (2nd Offense)?

Yes, but only if certain conditions are met. The maximum criminal penalties for MIP (2nd Offense), a misdemeanor, are a maximum of 30 days in jail and/or a $200.00 fine, community service, substance abuse screening and assessment (at the defendant’s own expense), substance abuse prevention services, and substance abuse treatment and rehabilitation. However, a defendant may only be sentenced to jail on MIP (2nd Offense) when he or she has violated an order of probation, failed to successfully complete any treatment, screening, or community service, or failed to pay any fine. [Driver’s license sanctions are authorized for this offense, if committed within 7 years of the prior MIP offense.]

Can a defendant be sentenced to jail for MIP (3rd or Subsequent Offense)?

Yes, but only if certain conditions are met. The maximum criminal penalties for MIP (3rd or Subsequent Offense), a misdemeanor, are a maximum of 60 days in jail and/or a $500.00 fine, community service, substance abuse screening and assessment (at the defendant’s own expense), substance abuse prevention services, and substance abuse treatment and rehabilitation. However, a defendant may only be sentenced to jail on MIP (2nd or subsequent Offense) when he or she has violated an order of probation, failed to successfully complete any treatment, screening, or community service, or failed to pay any fine. [Driver’s license sanctions are authorized for this offense, if committed within 7 years of the prior MIP offense.]

Can a minor defendant be sentenced to jail for using a fraudulent identification to purchase alcohol?

Yes. A minor who uses fraudulent identification to purchase alcoholic liquor is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100, or both. (MCL 436.1703)