Do I have the right to ask for deferred sentencing at my arraignment? It's for 3rd degree retail fraud.

A delayed sentence under MCL 771.1 is generally a plea agreement between yourself and the court in which upon your plea of guilty to retail fraud third degree, you will be placed on probation for certain period of time (anywhere from 3-12 months depending on the plea agreement), and once the probation has been successfully complied with, the retail fraud offense will be dismissed and will not appear on your criminal record as a conviction. If you fail to comply with all the court ordered conditions of your probation, then the Judge has the authority to sentence you at the end of your probationary period and this will result in a criminal conviction on your record. I would highly advise you seek the counsel of a criminal defense attorney in this matter to ensure that your rights, interests and criminal record is being protected from the start. Criminal defense attorney's understand how to navigate your case better than a person with little to no knowledge of the intricacies of a criminal proceeding.

An Arraignment is merely a procedural hearing in which the charges are read to you in open court by a Judge or Magistrate. The purpose of this hearing is to ensure that you understand the charges being brought against you. You will typically be asked if you wish to retain counsel or if you would like the court to appoint counsel for you (if you qualify for same). Rarely will you be given the opportunity to enter any plea other than "not guilty" or to "stand mute" at the time of the Arraignment. The reason for this is to allow you the opportunity to consult with counsel so that (1) you truly understand the nature of the charges against you, (2) you understand all of the options available to you and, most importantly, (3) to assist you in making an informed decision. Accordingly, your request will not be entertained at the Arraignment and I strongly urge you to make arrangements to speak with any attorney to discuss this further.

Each court addresses sentence deferrals differently. Some court do not allow sentence deferrals under 771.1. Almost all of the courts require the prosecutors to agree with a sentence deferral. In every case involving a sentence deferral there must be a plea of guilt or no contest before the matter can be taken under the sentence deferral statute. There are some limited circumstances which may allow you to negatiate with the prosecutor for a sentence deferral, but I would not advise trying on your own. You are better served if you have an attorney to speak for you.