Legal Question in Criminal Law in Michigan

Re: use of marijuana

If he "was not smoking" and "none was found", why was he charged with "use"? Did he make any admissions to police that he HAD been using??

Whether or not he was "read his rights" may be irrelevant. Miranda rights only have to be read (i) when the person is in custody AND (ii) when police 'interrogate' the person. Interrogation is a Q&A seeking incriminating statements by the person. So, if the police never questioned him after he was in custody, this is all a red herring. But, if they did question him about the drugs, etc. after he was in custody, then it may be significant. The prosecutor would probably be barred from using the statement against your son, and any evidence that came only from that illegal statement.

As for the "what do do?" question ... two options exist from him to walk away (after probation) with no conviction. One is MCL 333.7411, and the other is the Holmes Youthful Trainee Act. Judges have discretion to use these sentencing options; some use them a lot, some rarely/never do.

Additionally, more and more courts have "drug court" programs that can also resut in lowered penalties.

He should talk to a criminal defense attorney about both options to challenge the charge, to suppress statements, and/or to try to resolve the case without a conviction.

Re: use of marijuana

I recommend that you hire an experienced attorney to represent your son. A drug conviction will result in suspension of his drivers license and also a criminal record. Call us at

1 866765245.

For more information, go to:

www.AggressiveCriminalDefense.com