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Assault, Battery And Domestic Violence Legal issues involved in assault and battery, and domestic violence prosecutions.

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Old 06-26-2008, 06:37 AM
XiZBiT XiZBiT is offline
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Default How Does a 771 Work?
My question involves criminal law for the state of: Michigan

I was offered a plea under the advisement of a 771. completed my probation etc but I am not sure how a 771 is supposed to work. Does it mean that I was never convicted, is it off my record can a police officer see it when they run my CCH? Can anyone explain this to me?
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Old 06-28-2008, 06:23 AM
aaron aaron is offline
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Default Re: How Does a 771 Work?
So basically, you're asking whether there is a record available to law enforcement of deferred sentences from juvenile court?
Quoting MCL 771.1(2)
(2) In an action in which the court may place the defendant on probation, the court may delay sentencing the defendant for not more than 1 year to give the defendant an opportunity to prove to the court his or her eligibility for probation or other leniency compatible with the ends of justice and the defendant's rehabilitation, such as participation in a drug treatment court under chapter 10A of the revised judicature act of 1961, 1961 PA 236, MCL 600.1060 to 600.1082. When sentencing is delayed, the court shall enter an order stating the reason for the delay upon the court's records. The delay in passing sentence does not deprive the court of jurisdiction to sentence the defendant at any time during the period of delay.
Have you completed your probation yet? If so, what was the final disposition of your case?
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Old 06-30-2008, 08:57 AM
XiZBiT XiZBiT is offline
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Default Re: How Does a 771 Work?
Arron,

This was not juvinille cout, I completed my probation and upon completion the case would be dismissed.
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