Legal Question in Criminal Law in Michigan

I am 22 and facing felony charges of manufacturing with intent to deliver marijuana. I have never gotten into trouble with the law before. Can I use a 7411, hiata, or anything else?


Asked on 12/28/10, 5:18 pm

4 Answers from Attorneys

Bethany Gemellaro Gemellaro Legal PLLC

Yes, you may qualify for 7411. Outcome depends on the amount of drugs in your possession. There are two kinds of possession. You may have a defense if you are accused of just being in the presence of drugs since mere presence is not enough. HYTA is for defendants who committed the crime before their 21st birthday. Also, you may have a defense if you are a medical marihuana patient or caregiver. I suggest that you hire an experienced criminal defense attorney who handles drug cases. Give me a call to schedule a free consultation or for a referral.

Good luck to you,

Beth Gemellaro, Esq.

(313) 444-0679

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Answered on 1/02/11, 6:01 pm

You can read more about alternative sentencing options and experienced criminal defense lawyers at:

www.AggressiveCriminalDefense.com

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Answered on 1/02/11, 6:19 pm
Daniel Hajji Daniel Hajji & Associates

In short, you do not qualify for HYTA if you were 21 at the time of your arrest. Further, 7411 is usually not available with manufacturing and delivery charges in Michigan. However, it does not mean you can not negotiate (plea bargain) for a lower charge that may qualify you for a diversion program or dismissal of your pending charge(s).

In order to proper evaluate your case and before you take plea, you should consult with a good MI criminal defense attorney who is a specialist in drug crimes.

For more information, visit us at www.hajjilaw.com.

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Answered on 1/02/11, 11:58 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

7411 status is only available for people convicted of "use" or "possession" of a controlled substance (not 'manufacturing/delivering' or 'possession with intent to deliver/manufacture'). Also, if you have been previously convicted of a narcotic crime anywhere in another case, you're not eligible. HYTA does not have these limitations, but I suspect that judges will be hard-pressed to see "manufacturing with intent to deliver marijuana" as a "youthful indiscretion" worthy of HYTA.

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Answered on 1/03/11, 5:37 am


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