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How to Handle Court Pleading for a Drug Possession Charge

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  • 01-07-2011, 10:41 AM
    bandinio
    How to Handle Court Pleading for a Drug Possession Charge
    My question involves criminal law for the state of: Michigan

    My son, 20, recently was pulled over for a headlight violation and was found to have about 2g of marijuana in his car. He also informed the officer that he had just smoked some. He was charged with possession and has a court date at the end of the month.

    My question is this... the arresting officer "advised" him to plead Not Guilty in court. I've read about the "7411" clause and how he will most likely not go to jail, since it's his first offense. But, what difference does it make in how he pleads? Can he plead Not Guilty when he clearly had the pot and the ticket notes that he admitted to smoking it? What difference does the plead make? Should he plead Not Guilty or Guilty?

    And, furthermore, is there any advantage to using an attorney in this case? As you might expect, money is an issue. If the outcome for a first time offense is predictable, then can/should he just handle it himself?
  • 01-07-2011, 11:13 AM
    flyingron
    Re: Michigan: Question on How to Handle Court Pleading for a Drug Possession Charge
    Never plead guilty (or no contest) without advice of counsel about the implications of doing so. If he pleads guilty he will be found guilty and sentenced. If you want 7411, you don't want to plead guilty.
  • 01-07-2011, 11:40 AM
    bandinio
    Re: Michigan: Question on How to Handle Court Pleading for a Drug Possession Charge
    Ok, so when he pleads Not Guilty, how does he answer questions? - or, won't he have to?

    I just don't know how this works...
    "I plead Not Guilty"
    "What about telling the office you smoked it?"
    "Yes, I did"
    "What about the bag of pot in the back seat?"
    "Yes, I had it"
    "But you plead Not Guilty?"

    OR, does the plead have nothing to do with innocence or guilt?
  • 01-07-2011, 05:51 PM
    tc498
    Re: Michigan: Question on How to Handle Court Pleading for a Drug Possession Charge
    What pleading not guilty does is basically allow the court to offer him some type of plea deal like 7411 for example. Where as if he plead guilty they could just sentence him to whatever. Normally some type of plea deal is offered once a person pleads not guilty even if they are. It gives him a chance to negotiate,it's probably gonna be rather straight forward,he might be entailed to a legal aide in court.
  • 01-07-2011, 07:17 PM
    Mr. Knowitall
    Re: Michigan: Question on How to Handle Court Pleading for a Drug Possession Charge
    If he wants a court-appointed lawyer he pleads not guilty at his arraignment and, if he has not yet done so already, completes a document with the clerk to petition for a court-appointed lawyer. Or he can retain a lawyer to represent him. The court won't be questioning him after he pleads not guilty. He (and his lawyer) can then attempt to negotiate a deal with the prosecutor, seek 7411 disposition, or whatever else is appropriate.
  • 01-08-2011, 06:02 AM
    bandinio
    Re: Michigan: Question on How to Handle Court Pleading for a Drug Possession Charge
    Thanks. So, the court appointed attorney is free, then? Is an attorney necessary/recommended? - or, should he just face the judge himself and plead n/g?

    We have a few weeks til his court date. What exactly does he need to do to be prepared for it? -or, does he just show up?
  • 01-08-2011, 06:30 AM
    free9man
    Re: Michigan: Question on How to Handle Court Pleading for a Drug Possession Charge
    The fee for a public defender/court appointed attorney is sometimes a sliding scale based on the defendant's ability to pay and sometimes there is a set fee structure. It is always advisable to have a lawyer if able as they are more familiar with the local judicial system/personnel and may have an easier time negotiating the desired income.
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