Michigan: What should I do about my first drug charge?

I was in Lapeer county, Michigan with some friends when a cruiser rolled up. Long story short, three of us got tickets for misdemeanor possession of marijuana. We each had less than an eighth, hardly any. We're still awaiting our arraignment and I've got some questions. I've spoken to a friend of ours that's a lawyer in Genessee county. She says we should plead not guilty and ask for the 7411 clause. I'm not sure how this thing works, or how to ask for it. Hoping someone can give me a clear idea of what 7411 can save us from as well as how to be granted it in court. Do I plead not guilty, go to court, then ask? I'm very confused and just want this behind me. Please help.

[jjones8601]

In Michigan, there is a 7411 law for first time offenders.

Do you have a Public Defender or do you plan on trying to defend yourself? Remember, "A defendant who represents himself has a fool for a client”.

Here is the link...

Michigan Legislature - Section 333.7411


Here is the MCL 333.7411 Law...

Quoting MCL 333.7411 - Probation of individual with no previous conviction; entering adjudication of guilt upon violation of probation; discharge and dismissal without adjudication of guilt; nonpublic record of arrest and discharge and dismissal; effect of civil fine for first violation; requiring individual to attend course of instruction or rehabilitation program; failure to complete instruction or program as violation of probation; screening and assessment; participation in rehabilitative programs; payment of costs; failure to complete program as violation of probation.

Sec. 7411.

(1) When an individual who has not previously been convicted of an offense under this article or under any statute of the United States or of any state relating to narcotic drugs, coca leaves, marihuana, or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a controlled substance under section 7403(2)(a)(v), 7403(2)(b), (c), or (d), or of use of a controlled substance under section 7404, or possession or use of an imitation controlled substance under section 7341 for a second time, the court, without entering a judgment of guilt with the consent of the accused, may defer further proceedings and place the individual on probation upon terms and conditions that shall include, but are not limited to, payment of a probation supervision fee as prescribed in section 3c of chapter XI of the code of criminal procedure, 1927 PA 175, MCL 771.3c. The terms and conditions of probation may include participation in a drug treatment court under chapter 10A of the revised judicature act of 1961, 1961 PA 236, MCL 600.1060 to 600.1082. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the individual and dismiss the proceedings. Discharge and dismissal under this section shall be without adjudication of guilt and, except as provided in subsection (2)(b), is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions under section 7413. There may be only 1 discharge and dismissal under this section as to an individual.

(2) The records and identifications division of the department of state police shall retain a nonpublic record of an arrest and discharge or dismissal under this section. This record shall be furnished to any or all of the following:

(a) To a court, police agency, or office of a prosecuting attorney upon request for the purpose of showing that a defendant in a criminal action involving the possession or use of a controlled substance, or an imitation controlled substance as defined in section 7341, covered in this article has already once utilized this section.

(b) To a court, police agency, or prosecutor upon request for the purpose of determining whether the defendant in a criminal action is eligible for discharge and dismissal of proceedings by a drug treatment court under section 1076(4) of the revised judicature act of 1961, 1961 PA 236, MCL 600.1076.

(c) To the state department of corrections, a law enforcement agency, a court, or the office of a prosecuting attorney upon request of the department, law enforcement agency, court, or office of a prosecuting attorney, subject to all of the following conditions:

(i) At the time of the request, the individual is an employee of the department, law enforcement agency, court, or office of prosecuting attorney or an applicant for employment with the department, law enforcement agency, court, or office of prosecuting attorney.

(ii) If the individual is an employee of the department, law enforcement agency, court, or prosecuting attorney, the date on which the court placed the individual on probation occurred after March 25, 2002.

(iii) The record shall be used by the department of corrections, law enforcement agency, court, or prosecuting attorney only to determine whether an employee has violated his or her conditions of employment or whether an applicant meets criteria for employment.

(3) For purposes of this section, a person subjected to a civil fine for a first violation of section 7341(4) shall not be considered to have previously been convicted of an offense under this article.

(4) Except as provided in subsection (5), if an individual is convicted of a violation of this article, other than a violation of section 7401(2)(a)(i) to (iv) or section 7403(2)(a)(i) to (iv), the court as part of the sentence, during the period of confinement or the period of probation, or both, may require the individual to attend a course of instruction or rehabilitation program approved by the department on the medical, psychological, and social effects of the misuse of drugs. The court may order the individual to pay a fee, as approved by the director, for the instruction or program. Failure to complete the instruction or program shall be considered a violation of the terms of probation.

(5) If an individual is convicted of a second violation of section 7341(4), before imposing sentence under subsection (1), the court shall order the person to undergo screening and assessment by a person or agency designated by the office of substance abuse services, to determine whether the person is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs. As part of the sentence imposed under subsection (1), the court may order the person to participate in and successfully complete 1 or more appropriate rehabilitative programs. The person shall pay for the costs of the screening, assessment, and rehabilitative services. Failure to complete a program shall be considered a violation of the terms of the probation.


History: 1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1984, Act 347, Eff. Mar. 29, 1985 ;-- Am. 1988, Act 144, Imd. Eff. June 6, 1988 ;-- Am. 1993, Act 169, Eff. Sept. 30, 1993 ;-- Am. 2002, Act 79, Imd. Eff. Mar. 25, 2002 ;-- Am. 2004, Act 225, Eff. Jan. 1, 2005
Popular Name: Act 368

I thought about getting a court appointed attorney but my lawyer has said she doesn't really think I'll need one.
It's my very first offense so she thinks I can go in and plead my case without supervision.
I just need to know in what order these events needs to happen so I can ask for 7411.
Do I ask at arraignment? Plead guilty and then go to court?

[jjones8601]

More than likely a judge will MAKE you get an attorney. In some states, if you have a job, regardless if you can not afford an attorney, they will not provide one. The truth is, you are entering into "The Big Wheel" that is a revenue making machine.

Attorneys, judges and District Attorney's and Assistant DA's all hang out after hours, on the weekends and on holidays. It is a huge machine that generates much of the states income.

As for how to do what you are asking if you would read Michigan Legislature - Section 333.7411 it is a deferred adjudication program. This means you would plead guilty at the arraignment and ask for the 7411. Read the law carefully and do not get into trouble during the period set by the court.

I'm curious. What happened at your arraignment and settlement conference? Did you end up getting an attorney? If not, do you feel you should have? If you did have one, did you feel it was worth it? Someone I know is now in the same situation you were in, and he, like you, is wondering how to proceed.

I have just compelted my 7411 treatment, and says the state shall retain non public records of the arrest. Does this also include the police report (statements from the officers) of the scene of the crime as well?

Yes. The non public record includes police reports.

As a general note, if you are over 17 but under 21, you should probably use HYTA instead (Holmes Youthful Trainee Act) of 333.7411. It basically does the same thing, but is only available before your 21st birthday. This might allow you to use 7411 later (although that is not a guarantee...some judges might not allow it).

FYI: My boyfriend went through the bull**** of a 7411 in Oakland County 2 years ago. Congratulations on making it through . Your case was actually Dismissed, which is the best answer you could ever ask for. Your actual unpublic record is held at the State Police. Nobody knows its there, unless you get in trouble again. Which btw does not count as your second offense if you had a 7411. Just a little FYI because we just had a lawyer try and tell us it did, and try and charge us 3500.

[shortcake]

what hapnds in court when your a 1st time offender and you plead not guilty to a THC ticket??? Will i need a lawer or will the judge just send me to classes?? or what will hapn?!!!!

I came here looking for a answer that I can under stand without getting a lawyer to explain it to me. Can you put the 7411 in terms I can understand very easily?