Legal Question in Criminal Law in Michigan

do i qualify for 7411

My boyfriend has past felonies and has been charged with a habitual and is currently on parole. None of these convictions have been drug charges. He just was charged with 2 counts of delivery of cocaine under 50 grams. Is he eligible for 7411 and if so how likable is it for a felon with past convictions?


Asked on 6/27/09, 11:19 pm

2 Answers from Attorneys

Re: do i qualify for 7411

Forget about 7411. Concentrate on hiring an aggressive attorney to fight for him.

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www.AggressiveCriminalDefense.com

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Answered on 6/27/09, 11:53 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: do i qualify for 7411

Without knowing which county this case is in, or the judge to whom the case is assigned, it is hard for anyone here to give any kind of definite answer.

"7411 status" under MCL 333.7411 is only available if the charge the person is convicted for is 'use' or 'possession' of a controlled substance ... NOT delivery, possession with intent to deliver, manufacturing, etc.

Even if he is convicted of a reduced charge of Use or Possession of cocaine, the odds are quite long that he'd get 7411 status with a long past criminal record, particularly felonies. But, some courts/counties have "drug courts" that focus on trying to treat the defendant's addiction rather than just imposing a punishment sentence. Here, even defendants with prior convictions might be eligible for such a drug court process, and the carrot-and-stick used to get the defendant through this kind of intense probation could be the possibility of the criminal conviction being vacated under 333.7411, or even just having the current felony reduced to a lesser charge.

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Answered on 6/29/09, 8:34 am


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