Deferred Sentencing (Parental Kidnapping)
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 parental kidnapping?
Yes.
How does a person get “deferred sentencing” for parental kidnapping?
All of the following circumstances must exist, per MCL 750.350a(4), for a defendant to get “deferred sentencing” on parental kidnapping:
The defendant must plead guilty to, or be found guilty of, Parental Kidnapping [NOTE: Deferred sentencing is NOT available for REGULAR Kidnaping offenses.]
The defendant must not have previously been convicted under any statute related to kidnapping.
The defendant must not have previously applied for deferred sentencing under MCL 750.350a(4).
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 750.350a(4) (the court is not required to grant such proceedings).
The court must, if it decides to grant deferred proceedings under MCL 750.350a(4), 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 “deferred sentencing” under MCL 750.350a(4)?
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 750.350a(4) (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 750.350a(4)?
One time only. 750.350a(4) limits a person to 1 discharge and dismissal.
Can a defendant be granted “deferred sentencing” under MCL 750.350a(4) if he pleads “no contest” (or nolo contendre)?
No. MCL 750.350a(4) 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 in MCL 750.350a(4) 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.