Legal Question in Criminal Law in Michigan

Re: marijuanna possession

If this is your first offense, your attorney should be able to request that this matter be taken under advisement. I would be happy to discuss this matter with you. Please contact me at (586) 402-0242.

Re: marijuanna possession

You might be eligible for treatment under MCL 333.7411, which allows a person to plead to possession or use of a controlled substance, be put on probation and have the case dismissed after successful completion of probation.

The statute can be found at

http://www.michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-333-7411&userid=

(you might need to copy/paste this link into your browser if it wraps to 2 lines).

Re: marijuanna possession

It depends. First consideration one must make is your immigration status. The answer as far as collateral cosequences are different depending on whether you are a US citizen, LPR or hold a non-immigrant visa. The sentencing by the court should be the same no matter what your immigration status is. A drug conviction could result in your removal from this country if you are not a US citizen. You are entitled to receive treatment under MCL 333.7411. This is only available on your first drug possession or use charge. It is a term of probation, depending on the court involved, which may be reporting or non-reporting. Most judges require the defendants to attend NA/AA meetings. If you successfully complete probation the case is dismissed and you have no conviction on your record. However, INS still considers it a conviction for immigration purposes. Another collateral effect is on your driver's license. Without 7411 a conviction will cause a suspension of your privilege to drive in Michigan. There is no suspension if you have been granted 7411. Seek to have the charge dropped to use rather than possession and seek 7411. Your attorney should be able to convince the prosecutor to reduce the charge and recommend 7411. To help your case prior to sentencing you should start attending NA/AA meetings at least twice a week. This will show the court that you are aware of the serious nature of the charge against you and would help insure a favorable sentence. Good luck. If you don't already have an attorney and can afford to hire one, contact your county bar association and ask for a referral. If you are unable to hire your own attorney you can and should request a court appointed attorney.