Legal Question in Criminal Law in Michigan
A friend and I recently received citations for possession of Marijuana. We both had it and what not so we are guilty. I have never had any other problems with the law except a speeding ticket a year and a half ago. I have court in December. What should I do in court? I was planning on pleading guilty and I've heard of 7411. What is 7411? also, what punishment should I expect to receive?
1 Answer from Attorneys
Your first court date is what's called an arraignement. The Judge will read you the charge made against you and will ask you how you wish to plead. Your plea should be "not guilty." Bond is also addressed at the arraignment. After you are arraigned, the court will set a pre-trial hearing date which in some courts may be on the same day. At the pretrial, the Prosecutor, you or your attorney discuss the case. Prior to meeting with the Prosecutor, you will want to gather evidence in advance such as, police reports and other material to help in your defense or negotiate to a lower charge. Also, if the police violated your constitutional rights, then that may be grounds for dismissal. Further, while diversion programs, such as 7411 or HYTA may be available, they are usually not guaranteed by the Judge or the Prosecution. A Marijuana charge is a serious offense in Michigan. You should not take it lightly because a record of conviction may come back to haunt you in more ways than one. Sometimes it can be cheaper to fight the charge than to take a guilty plea.
Therefore, you don't want to make a hasty decision to simply plead guilty. Hire a good criminal defense attorney in Michigan. If you truly can not afford one, request for a court appointed counsel, at minimum.
Best of luck. Visit us at www.hajjilaw.com or call 888.484.9349
Attorney Dan Hajji & Associates
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