Legal Question in Criminal Law in Michigan

drug possession

My friend has a possession charge of less than 25 grams 2nd offence the first offence was a high court misdemeanor the 2nd count is being charged as a felony he wants to know if he can get a 74-11 or if this charge can be expunged after a period of time since this is his only felony charge.


Asked on 10/14/08, 9:47 pm

2 Answers from Attorneys

Re: drug possession

Your friend should be getting his legal advice from an experienced and aggressive criminal defense lawyer. He can phone us during the day at

1 866.766.5245

For more information, go to:

www.AggressiveCriminalDefense.com

He might be able to beat these new charges against him. Our track record is very strong. Today we won a jury trial in a criminal case. Our client was found NOT GUILTY of all charges!

Read more
Answered on 10/14/08, 9:51 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: drug possession

No expungement ("setting aside a conviction"). Why? The court rules require that the charge that might be set aside has to be that person's one and only criminal conviction anywhere ... not just his "one-and-only felony". An innocuous misdemeanor (like DWLS) will make him ineligible to expunge anything under current Michigan law. But, laws change over time and maybe the Legislature will change the eligibility criteria and open the door for him.

As for getting MCL 333.7411 status ... he is also inelibible by definition to get this because the opening sentence to 333.7411(1) says: "When an individual who has not previously been convicted of an offense under this article or under any statute of the United States or of any state relating to narcotic drugs ...". Your friend HAS been previously convicted of a drug crime. So, he cannot cross even the first hurdle for eligibility.

Bad behavior follows you, and criminal records are very tough to erase. It's not like shaking an Etch-a-Sketch toy to give yourself a clean slate.

Read more
Answered on 10/15/08, 9:11 am


Related Questions & Answers

More Criminal Law questions and answers in Michigan