Legal Question in Criminal Law in Michigan

Sorry, it doesn't work that way. The question is did the police have probable cause to arrest you. If they did, then anything they found in a lawful search incident to an arrest is fair game. Only the prosecutor can decide not to pursue a charge, not the victim or complaining witness. They can offer input, but at the end of the day the prosecutor makes the call. Simply because the state decides to dismiss one charge, the other one is valid provided the arrest was lawful. You should have an attorney that has vast experience in criminal defense review your case and all the witness statements and police reports to determine that. If there is no way to challenge the arrest, then the next course of action will be to see how the damage can be limited.

In Michigan, any drug conviction has mandatory driver's license sanctions. The judge has no discretion but to impose it. However, if you have no prior drug convictions you are eligible for sentencing under what we call 7411 which is like a diversion program for first time offenders convicted of either drug use or drug possession. If you successfully complete probation you will have no public record of the conviction (you can honestly tell employers, housing managers, college admissions, etc. that you have no conviction) and you won't lose your driver's license. The key is to get the prosecutor and judge on board.

I would strongly suggest you consult with and retain an attorney that primarily practices criminal defense as opposed to a general practitioner. A criminal lawyer that regularly practices before the court you will be appearing in is a bonus. Feel free to contact our office for a free consultation. If we are unable to represent you, we can always refer you to a trusted colleague in the area. A lot is at stake. You don't want a drug conviction on your record and I'm sure you don't want to lose your license for a period of time. Good luck and we hope to hear from you.