Legal Question in Criminal Law in Michigan

You really need a lawyer to represent you. First, you may have some valid, legal defense or there may a Fourth Amendment issue with the stop that could be used to get the evidence suppressed and the case dismissed or a better plea than 7411. That's something that only a lawyer with experience and knowledge in the law can do. Also, don't assume that just because you are eligible for 7411 doesn't mean that the prosecutor or judge will automatically agree to it. I recently represented a young man with no prior criminal history and a good background, but the prosecutor was objecting to 7411 status over a very petty issue. It happens. There are a couple counties that I can think of where they won't automatically give you 7411 even if eligible. If you want it, you have to petition for it and convince them that you deserve it and why they should give it to you. So don't make the mistake that so many do in assuming that the prosecutor will automatically offer it to you and the judge will grant it to you without question. That may be the case in a lot of counties, but certainly not everywhere.

That is where having a lawyer with experience in your particular court and judge is very beneficial. If you are eligible for 7411, you'll want to present reasons to the prosecutor and judge as to why they should give it to you and why you will be a successful probation candidate. The demeanor you had with the officer also carries a lot of weight. Ultimately the decision in whether or not to grant 7411 rests solely with the judge, but it's always better to get the prosecutor on board because it only makes the odds of the judge granting it even greater. It helps to prevent evidence of anything positive in your life that you can such as educational achievements, work history, civic involvement or volunteer work, etc. You may even consider getting a substance abuse assessment done by a licensed counselor to present to the court.

I would be more than happy to discuss your case with you further. If we are not able to represent you we can probably offer a referral. Feel free to contact me.