Legal Question in Criminal Law in Michigan

Re: Juvenile marijuana possession: what indicates dealer?

First of all, your daughter is not a juvenile. She became an adult (for criminal matters) on her 17th birthday. Secondly, her roomate's attempt to retract her previous statement may lead to more serious charges (obstruction, interference with a police officer) so she and your daughter should do nothing right now. The county prosecutor may decide to issue a warrant for possession with intent to deliver (a felony) but you won't know this until your daughter is again contacted by the police. It is highly unlikely that they will come to the dorm to arrest, most warrants are mailed.

You best strategy is to sit tight and wait for further developments. If your daughter has no prior record, she has an excellent chance to keep her record clean.

There is no defined amount of marijuana that results in a charge of possession, It is usually a matter of the prosecutor's policy. It also doesn't legally matter whose pants contained the marijuana. Judy's attempt to exculpate herself will not be successful. Both of them can keep their permanent records clean if the right steps are taken.

Both Cathy and Judy should not talk about this to anyone. They have more to be concerned about with the school authorities than with the police.

You should have an attorney to insure that your daughter is afforded the best possible treatment. I can be reached at 248-680-1133.

Re: Juvenile marijuana possession: what indicates dealer?

At this point it is hard to say what the prosecutor may charge Cathy and Judy with. There is no statutory language as to the amount needed for delivery with respect to marijuana.

You need to tell the two young ladies to sit still and wait to see if they are charged with anytrhing. The fact the Judy now wants to recant her statement may cause more harm then good.

It is possible to keep both of their records clean.

Additionally, tell them not to talk with anyone until they see an attorney. Especially if the school gets involved. Please call me to discuss this matter further. Office: (248) 737-7000 or toll free: (800) L A W -6685, you can call 24 hours a day. Best wishes!

Re: Juvenile marijuana possession: what indicates dealer?

As the first reply noted, if either of these girls are charged, it will be as adults, not as juveniles, because they were at least 17 years old when the incident happened. (Each state sets different ages of majority for various conduct. In Michigan, it's 16 to be able to consent to sex, 17 to be charged as an adult, 18 to smoke cigarettes, 21 to drink alcohol, etc.)

The possible charges could range from misdemeanors like "Use of Marijuana". "Possession of Marijuana" or "Distribution Without Remuneration" to felonies like "Distribution of Marijuana" or "Possession With Intent to Deliver Marijuana". Which charge will depend on the facts known to the prosecutor at the time the police report is reviewed, that office's charging policies/tendencies, and the discretion of the reviewing prosecutor. There are facts weighing in favor of issuing a misdemeanor: the girls' ages and their clean records (so far).

I doubt that your daughter will be charged as a "dealer". The 3 baggies must have been typical small baggies of weed to fit in her pants. That volume is more consistent with "personal use" possession, not "possession with intent to deliver".

In my opinion, charges of Use or Possession are the most likely. For info on these (including penalties), see the Marijuana definition at our web site (www.co.eaton.mi.us/ecpa/define.htm).

If they are charged with Use or Possession of Marijuana (not one of the felonies), they may be able to get the case dismissed after a guilty plea and successful completion of probation. Talk to a criminal defense attorney about "Section 7411" (or read about MCL 333.7411 at www.michiganlegislature.org). This probation status is a once-in-a-lifetime thing, and must be approved by the judge. If that doesn't work (or if she's charged with a felony), they may be able to get a similar benefit from the Holmes Youthful Trainee Act ("YTA"; MCL 762.11 - 762.14). Both "7411" and YTA recognize that people with clean records who made a poor choice in their conduct should be given a chance to keep their record clean, but they have to earn it.

It sounds like your daughter might not get charged unless she "fesses up", as her friend wants her to do. This is a common dilemma among joint defendants: does one take the legal rap, or is responsibility spread among everyone?