Possession of Drugs or Marijuana Crimes, 7411 Dismissals
Our criminal defense lawyers know that many offenders who face Michigan criminal drug felony or misdemeanor charges want to keep their record clean. Fortunately, Michigan has a law known as 7411. The Michigan law, which is found at MCL 333.7411, also known as "7411", applies only to persons charged with “use” or “possession” of marijuana or drugs. The 7411 law also applies to those charged with felony possession of analogues, heroin, cocaine, LSD, methamphetamine, and MDMA/ecstasy. The 7411 law may only be utilized once in a person’s lifetime and it is not available if the charges consist of drug delivery, possession with intent to deliver or manufacturing.
The ABDO LAW FIRM has negotiated 7411 for numerous clients charged with drug crimes in Macomb, Oakland, Wayne and St. Clair Counties which has ultimately resulted in dismissals without trial.Legal Analysis of 7411
The major benefit of 7411 is that a conviction, or judgment of guilt, is not entered and the proceedings are deferred. Upon compliance with any terms of probation, the case is dismissed and the record of proceedings is maintained by the Michigan State Police as a non-public record. Probation is usually imposed for a period of one (1) year. The conditions of probation may include random drug testing and substance abuse counseling.Felony Drug Possession Cases are Eligible for 7411
Drugs that are considered dangerous or highly addictive are classified as felonies. Some of these drugs include heroin, cocaine, MDMA (ecstasy) and analogues. Analogues include drugs such as Xanax and Vicodin. Offenders charged with possession of these substances may be eligible for 7411, obtain probation, avoid incarceration and get a dismissal. The following offenses are 7411 eligible:
|Drug Crime||Maximum Penalty|
|Ecstasy, methamphetamine||10 years in prison|
|Heroin, cocaine||4 years in prison|
|Possession of analogues||2 years in prison|
|Possession of LSD||1 year in jail|
|Possession of Marijuana||1 year in jail|
Medical Marijuana and 7411
If you have been charged with possession or use of marijuana and have applied for a Michigan medical marijuana card, you may be entitled to a dismissal instead of being placed on 7411 probation. If you find yourself in this situation, we will ask for you to provide your doctor's report, application and other information.Consent Search, Search Incident to an Arrest
Drugs are rarely in plain view of the police but are usually discovered during the process of searching a person or motor vehicle. A search may occur incident to an arrest after someone is accused of a criminal offense such as drunk driving. In other cases, a routine traffic stop may result in a search of the vehicle and occupants if the police obtain “consent” to search. When the search is valid, our firm looks for other defenses and legal strategies to get a case under control. This means that we may utilize 7411 to get a drug charge dismissed as we have done in every court including the 41B District (Clinton Township, Harrison Township, Mt. Clemens) 41-A District (Sterling Heights, Shelby, Utica, Macomb Township), 37th District (Warren, Centerline) 43rd District (Ferndale), 44th District (Royal Oak), 42nd District (Romeo, New Baltimore, Chesterfield Township), 52nd District (Troy, Rochester) and the 72nd District (Port Huron, Marine City).