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  1. #1

    Default Chances of 7411 in Michigan

    I am 18 years old and was recently arrested for the first time and charged with possession of marijuana. Since I have zero priors I am very interested in this 7411 clause.

    When is the 7411 offered or when should I ask for it?

    What are the chances of a judge granting it, are 7411's rare?

    Am I going to need an attorney to properly go about getting the 7411?

    How much would an additional drug paraphernalia charge hinder me getting the 7411?

    Are drug paraphernalia charges usually given on top of drug possession charges?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Chances of 7411 in Michigan

    You should try to negotiate, whether on your own or with the prosecutor, for a plea bargain where you would plead to the possession charge, have the paraphernalia charge dismissed, and have them (ideally) recommend 7411 or (less ideally) "take no position" on it. Your chances of getting this outcome vary by county and upon the full facts of your case, so you may wish to consult a criminal defense lawyer or petition for an appointed lawyer.

    It is common for people to be charged for both offenses, when caught with drugs and drug paraphernalia.

  3. #3

    Default Re: Chances of 7411 in Michigan

    When do I ask for the 7411? Before I plead or after? Is a 7411 or deferred sentence taken off the table when combined with a paraphernalia charge?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Chances of 7411 in Michigan

    You have to be sentenced under section 7411. You try to work out your deal in advance, along with the rest of your plea bargain, but it's ultimately the judge's sentencing option. For information about your county's plea bargaining policies or sentencing policies, consult a local criminal defense lawyer.

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