6.13Delayed Sentencing¹

Under MCL 771.1(2), if a defendant is eligible for a sentence of probation, the court may elect to delay imposing sentence on the defendant for up to one year to allow the defendant to demonstrate that probation, or other leniency compatible with the ends of justice and the defendant’s rehabilitation, is an appropriate sentence for his or her conviction. A defendant is not eligible for probation if he or she was convicted of a major controlled substance offense. MCL 771.1(1). During the period of delay, the court may require the defendant to comply with any applicable terms and conditions associated with a sentence of probation. See People v Saylor (Barry), 88 Mich App 270, 274‐275 (1979), and MCL 771.1(2).

See Section 6.22 for a chart comparing factors involved in delayed sentencing, deferred adjudications, and assignments to drug court.