Legal Question in Criminal Law in Michigan

Re: Advisement

Under the Michigan Court Rules, a guilty plea requires the judge (1) to advise the defendant about the charge(s) to which he is pleading [generally by reading the charging language in the complaint, including the maximum penalties], (2) to advise the defendant about the rights he's giving up by pleading guilty [e.g., right to a trial, etc.], and (3) to establish a factual basis for the plea [gnerally by the defendant saying what he did that makes him guilty]. If the plea is "accepted", then the judge can proceed to a formal sentence, and the conviction is entered in the court records.

But a "plea under advisement" is a guilty plea that has not been finalized or finished. Because of that, a 'conviction' has not yet occurred.

This usually happens when the prosecutor, defense and judge agree to resolve a case 'just short' of a formal conviction. A judge can put the defendant through the plea-taking process (advise of rights, the defendant giving a factual basis, etc.), but not 'accept' the plea. The parties may have agreed to a period of informal probation or review, including requiring the defendant to do certain things. If they are done as expected, then at the end of the period of review the judge can reject the plea that was tendered. The parties have probably agreed that, at that point, the case will be dismissed, although sometimes the carrot at the end of the stick for the defendant is that the original charge will be reduced if he completes the period of review properly.

If the case is actually dismissed due to the plea under advisement, then the defendant can ask the court to order that his fingerprints and mug shot be returned to him, or destroyed.

On the other hand, if the defendant does not do what is required, the judge can then 'accept' the plea that was originally offered, a conviction will enter, and the defendant will be formally sentenced.

Since the plea has not been accepted, many things that generally happen after a sentencing will not occur --- such as notifying the Secretary of State, State Police or FBI of the conviction.

A plea under advisement should be agreed to by the judge, defense and prosecutor. Why? If only the judge a defense agree to it, then at the end of the period of reviewing the defendant's conduct, the case is in a state of limbo: a conviction hasn't entered, and the prosecutor hasn't agreed to dismiss the case. What happens (other than a possible Mexican Stand-off between the judge and prosecutor)? This happened to me once. I opposed a PUA and we got to the point where the defendant had done all that the judge wanted him to do, but the judge had no legal authority to dismiss the case over my objection. So, the choices were for us to go to trial or for the defendant to simply plead guilty. He chose the latter, and the judge basically ordered no more than what had already been done.

Re: Advisement

There is much more to your plea under advisement then I can answer hear. Basically, a PUA is not a conviction. Once you complete the probationary period, there is no public record of your offense. Please call me to discuss your matter further. (248) 932-0100