Legal Question in Criminal Law in Michigan

Drug Charge

My daughter age 18 was arrested for possessing less than 3 grams of marijuana.She has a court hearing and needs to know how to plead,guilty or not guilty.Also what types of possible sentencing can she expect from either plea.This is her first offence.Also does she need an attorney present at preliminary hearing.Please help.


Asked on 2/10/04, 4:47 pm

2 Answers from Attorneys

Thomas Loeb Law Offices of Thomas M. Loeb

Re: Drug Charge

At your daughter's first appearance, she should plead not guilty. No matter what, she must plead that way. No one will punish her for asking for time to hire a lawyer.

Among other things, a conviction can cause her license to be suspended, and make her ineligible for student loans ( although not permanently).

And, she may have a defense to the charges that need to be explored.

Were I you, I would consult with an attorney.

If you have more questions, I can be reached at 248-354-6330

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Answered on 2/10/04, 5:18 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Drug Charge

Even as a prosecuting attorney, I agree with the first reply: it's ok to plead not guilty and then consult with an attorney (either one you hire or a court-appointed one). We're not looking for convictions, we're looking for justice ... and compassionate handling of youthful or first-time offenders is commonplace. (Not that compassion isn't part of the handling of ALL cases ....)

;-)

As a young person, if she has no prior drug convictions, she may be eligible for special treatment under MCL 333.7411 (a probation/dismissal treatment ... if she does everything the court tells her to do), or even handling under the Holmes Youthful Trainee Act. Talk to the attorney about both options.

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Answered on 2/10/04, 5:37 pm


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