First Offense Marijuana Possession in Michigan
My question involves criminal law for the state of: Michigan.
My boyfriend got pulled over (he's 20), and got busted for having a small amount of marijuana on him. He said he got a misdemeanor, and was able to go back home. However he has to show up for court in the next 10 days.
I was wondering what is going to happen when he goes to court, and what could happen to him? Also he planned on moving to Wisconsin in the next couple months, if he gets on probation will he be able to move to Wisconsin while on probation?
Re: First Offense Marijuana Possession
You may want to read this about Michigan marijuana laws.
Quote:
Can I be Arrested in Michigan for Carrying Around a Small Amount of Marijuana for my Own Personal Use?
Yes you can, but the punishment will probably not be very severe. Michigan is unusual in that it makes very little distinctions between its marijuana offenses (it does not separate most of the crimes by age or weight of drug), so that the crime is solely for the act itself.
In Michigan, possession of any amount of marijuana is a misdemeanor that carries a $2,000 fine and a maximum of a year in jail. Actually smoking marijuana (a separate crime) in any location, including your house, is also a misdemeanor, but will only get you 90 days in jail and a $100 fine. However, conditional discharge is available in all use and possession cases, which means that the judge has wide discretion to use alternative sentencing (rehab, community service, etc...) for first time offenders. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.
A more serious crime is smoking marijuana in a public or private park, which can even be deemed a felony at a judge's discretion, and this crime carries a 2 years sentence. But it too is conditional, so the judge may offer you probation instead (on the first offense only).
He should consult an attorney ASAP
Re: First Offense Marijuana Possession
He should also plead not guilty and ask about 7411 or youthful offender status (it's called something similar),either of those things can avoid a criminal conviction.