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Delayed Sentence (MCL 771.1) Definition

A court can place a defendant on probation-like supervision and delay a sentencing hearing so that the defendant’s compliance with supervision can be reviewed and considered when the court determines the appropriate sentence. In some cases, a court and prosecutor will agree to the dismissal or reduction in charges if the defendant is compliant.

Common Questions for Delayed Sentence

What does delayed sentencing mean?

Under MCL 771.1, a judge can order that a defendant’s sentence be delayed to evaluate their conduct further and make a more informed sentence. In most cases, a delay cannot be longer than 11 or 12 months. In some cases, a prosecutor might agree to reduced charges if the defendant remains in compliance with court orders during the period of delay.

Do you go to jail straight after sentencing?

A defendant is often taken directly to jail if a judge orders incarceration. Judges can permit a defendant to report at a prearranged time or serve a sentence at intermittent intervals. Most defendants in federal court are allowed to report to prison following the sentencing hearing.

What is a deferred sentence in Michigan?

A deferred sentence usually relates to a situation where the defendant’s conviction is taken under advisement and not entered into public records. In these cases, the conviction is not entered, and the charges are dismissed if the defendant successfully completes a period of probation.

Do judges go easy on first time offenders?

Judges do not go easy on first-time offenders; however, they tend to order more severe sentences for defendants with prior convictions.

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