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Michigan Marijuana Possession/Paraphanelia

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  • 07-16-2006, 12:24 AM
    Christian
    Michigan Marijuana Possession/Paraphanelia
    I reside in the southern wayne county area , just south of Detroit.

    The other day, I was cited for the following charges.
    1. posession of marijuana (Misd - 227.33)
    2. posession of drug paraphinalia (Misd- 227.33)

    I was at a graduation party. Earlier in the day before the party, a friend decided to smoke a joint. We did it in my car. His pouch, with his small stash and papers/grinder, were left in my car. On my way home I was pulled over by the police. This is my first ever arrest of any kind. I am 30 years old, with no previous record. I was taken to jail and I bailed myself out on a $200 release. I am now supposed to contact the court and set up a date. I am not a regular user, nor was it my stash I was busted with. I have a good job, and medical insurance, and I worry this could somehow spill over onto it.


    How long would this stay on my record if I just paid the fine?

    I understand there is this 7411 law that Michigan has regarding first time offenders. Could you explain this briefly....

    Have you seen people represent themselves in situations like this?

    What are the chances of getting this dismissed with a fine versus a probationary period?

    Any other advice or direction you could offer would be much appreciated. Thank you for your time.
  • 07-16-2006, 02:26 AM
    Guilty Or Not Guilty
    Re: Michigan Marijuana Possession/Paraphanelia
    The first I would advise you to do is retain a personal attorney. Their fees in situations like this a few thousand. If you can not afford one the judge will give you a court appointed one at the pre-trial.

    One choice is to fight it with the truth if you had no knowledge the pouch was in your vehicle. No fingerprints can be a strong evidence if you never touched it. It would be good for attorney to try and lessen the charge to "use of marihuana," 333.7404 (2) (d) The penalty is a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both: http://www.legislature.mi.gov/(aw2qw...e=mcl-333-7404

    The maximum penalty for "posession of marijuana," 333.7403 (2) (d) is imprisonment for not more than 1 year or a fine of not more than $2,000.00, or both: http://www.legislature.mi.gov/(0jisz...ation=previous I have strong thoughts you will not get the maximum because the Wayne County new and old jail is always filled up. Judges over there give out a lot of probations. And a lot of prosecutors in that area do go with a lot of settlements because the tax payer money is low over there.

    The "seventy-four eleven" can clear your record of "use" or "posession" of marijuana if you plead or is found guilty. Here is more information: http://www.legislature.mi.gov/(3a2kb...e=mcl-333-7411

    Here is a little more info: http://www.norml.org/index.cfm?wtm_view=&Group_ID=4544

    Someone else will have to give more information about your other questions including the posession of drug paraphinalia.
  • 07-17-2006, 09:19 AM
    Guilty Or Not Guilty
    Re: Michigan Marijuana Possession/Paraphanelia
    Here are some more info you may like to know:

    http://www.caepv.org/membercenter/fi...0Momentum).pdf

    http://www.lac.org/lac/main.php?view...&subaction1=MI

    Aaron, can you answer the questions I could not answer?
  • 07-17-2006, 09:24 AM
    aaron
    Re: Michigan Marijuana Possession/Paraphanelia
    Perhaps it would be more expeditious if Christian posted any follow-up questions he has, and I can look at those.
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