Legal Question in Criminal Law in Michigan

Violation of 74-11 Provisions

My friend was recently granted a 74-11 deal after being charged with possession for 0.5 grams of marijuana. Last week, after completing his 3 service days, he was pulled over because his license plate had fallen off. The officer searched his vehicle and found 0.5 grams of marijuana and 2 Vicodin pills.

The officer told my friend, who is a recent immigrant, that he could be charged with a felony for possession of the vicodin and could have his green card revoked and be deported. They told him that if he worked with detectives to introduce their informants to local dealers, they could ''argue his case'' for the prosecutor and try to cut a deal. They also told him that if he only gave them names and numbers, he would have to testify in court, which would be potentially dangerous to him and his family.

I know that officers often threaten drug offenders with exaggerated sentences in order to elicit cooperation. They also refused to give any specific answers about how much he would have to do and what sentence reductions they could negotiate, saying ''nothing is guaranteed.'' Should he work with the detectives or fight the charge? What are the potential charges for violating his 74-11 terms and for possession of Vicodin?


Asked on 6/12/08, 5:37 pm

3 Answers from Attorneys

Re: Violation of 74-11 Provisions

The cops have NO AUTHORITY to promise anything. Any and all promises must go through the prosecutor. Cops lie all the time!

Your friend should immediately hire an experienced and aggressive defense attorney to help him. He may face deportation under certain circumstances. He should also consult with his immigration attorney.

For more information, go to:

www.AggressiveCriminalDefense.com

Read more
Answered on 6/12/08, 5:43 pm
Timothy Klisz Klisz Law Office, PLLC

Re: Violation of 74-11 Provisions

cutting a deal with police is very tricky and cannot be done appropriately without competent counsel. You friend would be best served with hiring an attorney who can examine the entire circumstances. I give free phone consultations. Visit www.kliszlaw.com to discuss. Tim Klisz

Read more
Answered on 6/12/08, 6:20 pm
William Morrison Action Defense Center

Re: Violation of 74-11 Provisions

Your friend better get a lawyer quick. He is faced with his second crime of "moral turpitude" which means, if convicted, he is immediately deportable, and, if he has less than 5 years in the U.S., he's gone for good.

If he thinks he can handle this by himself, he can say goodbye to his family and hello to his homeland.

Criminal lawyers with immigration experience are hard to find. I'm one of them.

Read more
Answered on 6/12/08, 7:28 pm


Related Questions & Answers

More Criminal Law questions and answers in Michigan