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7411 in Michigan
Michigan law proposed to allow judges to use their discretion to provide a non-criminal sanction for first-time offenders who commit less serious drug crimes. In a sense; it is a law that can be used as a ‘get out of jail’ free card for a person charged with certain drug offenses. Under 7411 in Michigan, when an individual 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. 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.
The 7411 statute in Michigan addresses the following issues: (1) probation where there is no previous conviction; (2) if probation is violated; (3) how there can be a discharge from probation and dismissal of the care without any adjudication of guilt on the record; (4) what the record will look like if the agreement is completed successfully; (5) the effect of civil fine for first violation; (6) what the judge can order the defendant to do in order to complete the program; (7) that the failure to compete ordered instruction or program is a violation of probation; (8) screening and assessment; (9) participation in rehabilitative programs; (10) payment of costs; (11) failure to complete program as violation of probation.
Essentially what happens is that the defendant pleads guilty or is found guilty of a qualifying offense. Under 7411, the judge does not formally enter the judgment of guilt but rather defers the proceedings and places the defendant on probation. Once the conditions of the probation are met, the defendant is discharged from probation and the case is dismissed. The defendant will have to pay probation supervision fees and may have to participate in a drug treatment program. All costs of the drug treatment program must be paid by the defendant. Also, urine testing can be frequent and costly. If the defendant fails to comply will all conditions, they will be convicted and sentenced on the charge. MCL 333.7411 in Michigan states; a defendant is eligible for this drug diversion program if they are charged with: possession of a controlled substance, including possession of less than 25 grams of a schedule 1 or 2 controlled substance. Many people are unaware that a conviction for any drug possession charge requires the court to suspend a person’s driver’s license. It is usually possible to keep the entire matter from ever going on their record in the first place.
7411 in Michigan is also known as a deferral, which means, that a person, by arrangement with the Court, offers to plead guilty to a drug possession charge. The Court, by the same arrangement, essentially agrees to keep the charge a plea “secret.” The judge, at sentencing, then tells the person how long they will serve probation, and further advise them that if they complete that period of probation without any problems. The exact terms and length of any particular probation are up to the judge, and, depending on the charge, can range from non-reporting probation to monthly reporting probation with frequent drug and alcohol testing.
However, 7411 only applies to certain drug crimes and can usually only be used once in a lifetime. The defendant must plead guilty or be found guilty of the drug crime and then follow a set of orders from the judge, such as payment to the court to cover the defendant’s probation or attendance at a drug rehab program. If you have been charged with a drug crime, 7411 may be a good option for you. Every minute matters when it comes to defending yourself, seek advice now from Rudoi Law! Available to help you 24 hours a day.
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