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Michigan Marijuana Arrest: First Offense

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  • 02-01-2013, 10:45 PM
    123thatisatree
    Michigan Marijuana Arrest: First Offense
    My question involves criminal law for the state of: Michigan.

    Sibling was arrested for possession of marijuana in Wyandotte Michigan. Under a gram. However, he handed a marijuana pipe and grinder over to the officers. Both items contained marijuana in some form. The pipe was empty but did have a fair amount of resin within. Court date is set for February 13th so he has some time to sort everything out.

    So the question is, if he was charged with both possession of marijuana and possession of drug paraphernalia in Wyandotte - what are his options?

    I'm aware of the 7411 option but so far as I can tell it only applies to first offenses for marijuana possession. Is it possible (as I've read on some other sites) for the charge to be amended to just possession? Can the 7411 take care of the simple possession charge with a possibility of removing the paraphernalia charge from his record at a later date?

    Any other tips or general information you provide would be appreciated.
  • 02-03-2013, 08:27 AM
    Mr. Knowitall
    Re: Michigan Marijuana Arrest: First Offense
    When you titled your thread you indicate that this is a first offense. Within your post you suggest that it is not. Please clarify.

    If you're asking whether it's possible to work out a plea bargain for a first offense drug/paraphernalia charge such that one of the two charges is dropped and the other disposed of under MCL 333.7411, yes it is - your sibling can discuss that possibility with his lawyer or, if he is so inclined, see if it's a deal the prosecutor is offering or willing to make.
  • 02-03-2013, 11:26 PM
    123thatisatree
    Re: Michigan Marijuana Arrest: First Offense
    This was his first arrest and first time being charged with anything. He was charged with both possession of marijuana as well as possession of paraphernalia.

    Do you have any inclination as to what the general probability of the charge being amended to just possession would be?
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