Legal Question in Criminal Law in Michigan

Re: Wrongfully charged

First of all, why is your message entitled "Wrongfully charged"? You admitted "getting cought [sic] with meth[amphetamine]". So, you were RIGHTFULLY charged!

Second, your complaint is that you were unlucky enough to have your case assigned to a judge who is tough on drug cases. That's the (bad) luck of the draw for you ... but most citizens like that kind of judge. Judges come from all different backgrounds, and not all are alike. Getting a judge kicked off a case due to a claim of personal bias, as you're trying to do, is very hard to do. I recommend that you talk to some criminal defense lawyers in your area about this. They can advise you about the hurdles you'd have to cross. You'd probably have to show a pattern of decisions by the judge that shows an unfair bias. Just because he had a daughter who may have died from meth O.D. does not mean that he cannot be fair. YOU may not like his decision (thus, you think he's "unfair"), but he did not sentence you to the "max".

You mentioned "7411" (MCL 333.7411) treatment. Judges have the DISCRETION to assign use/possession defendants to 7411 status ... but judges never "have" to give a person that beneficial status. If the judge does not, then the only way to have the decision overturned is to prove that the judge "abused his discretion". Some judges like using options like 7411 or the Holmes Youthful Trainee Act, and others do not. You may not have told us all the case facts or about your background, because the judge makes his decision on ALL the facts.

You cannot "judge shop" -- i.e., get your case reassigned to a seemingly more favorable judge, at your request. In districts/circuits that have more than one judge, most cases are assigned to judges at random.

Again, I recommend that you talk to criminal defense or criminal appellate attorneys in your area.