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  1. #1
    Join Date
    Jan 2015
    Location
    St. Clair Shores, Michigan, United States
    Posts
    2

    Default How to Request a 7411 Disposition for Possession of Marijuana

    My question involves criminal law for the state of: Michigan
    I was in my dorm in Mount Pleasant, MI when the RA's smelled marijuana in the hallway. The police were called and I recieved a ticket. Now, I have never been charged/convicted of a crime and I have never been to court. My arraignment is on the 27th of this month and I just have a couple questions regarding this:

    1. At my arraignment, I will not have an attorney present, and I cannot have my license suspended. Can I request the 7411 at the arraignment and if I do what do I have to plea beforehand? Basically I'm asking how am I supposed to go about it as I do not want to return to court at all if possible.

    2. I am a broke college student and my parents will not help me out in my current situation. I cannot really afford an attorney but I have read many say that "you are a fool if you represent yourself." Is an attorney a must-have in this type of situation? I'm only skeptical because it is my first offense and I don't see myself getting jail time.

    All responses will be appreciated and looked at with upmost respect. Thank you.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: First Time Marijuana Offense, Requesting 7411/Attorney

    Yes you can. If you want a 7411 you must either plead (or be found) guilty. I would not plead guilty unless the judge agrees to 7411.
    Any conviction will lead to a 6 months suspension of your license.

    If you "can't" have a suspension, the idea is to not do illegal drugs.
    If you did do drugs, but want to try to dodge the ramifcations, you need an attorney. Michigan courts are ALL OVER the place as to whether they'll offer diversions. Some judges do so routinely. Others routinely will refuse. It's entirely discretionary on their part.

    Jail time is indeed unlikely, but the suspension is inevitable unless you get 7411 or you can be shown to be not guilty.

  3. #3
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: First Time Marijuana Offense, Requesting 7411/Attorney

    "I cannot have my license suspended." You don't want to and it will be an inconvenience but the court can suspend your license. A lawyer might be able to go in your place but that is not definite. I'm not trying to sound like a dick but you got look at what realistically can happen. Chances are your gonna have to appear in court more then once. Sometimes the court will work with you somewhat,to find a day that is reasonable. The court might just say come on 2-15 for example at 9am,if you don't show up then your gonna have a warrant.

    I don't know if a 7411 is not considered a conviction,so maybe with that your license won't be suspend. Did they find any weed in your room ,discuss with the lawyer if their any issues that can get you a straight out dismal. Plead not guilty and see if you can get a public defender. Then discuss your concerns with them. Some lawyers offer a free phone consultation. Look online or in a phone book for some local lawyers.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: First Time Marijuana Offense, Requesting 7411/Attorney

    A 7411 will not result in a license suspension as I already stated. A dismissal will not result in a suspension. A conviction which will follow a guilty plea without a 7411 diversion will result in a suspension.

  5. #5
    Join Date
    Jan 2015
    Location
    St. Clair Shores, Michigan, United States
    Posts
    2

    Default Re: First Time Marijuana Offense, Requesting 7411/Attorney

    Quote Quoting flyingron
    View Post
    A 7411 will not result in a license suspension as I already stated. A dismissal will not result in a suspension. A conviction which will follow a guilty plea without a 7411 diversion will result in a suspension.
    Thank you for the reply. I just had a free consultation with a lawyer and he really did not tell me much and he stated that a lawyer could cost somewhere between $3000-5000 which sounds ridiculous to me for a case like this. So if I do not get the 7411 plea bargain (which I should request before I plea) do I stay mute or plea not guilty until my next date?

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: First Time Marijuana Offense, Requesting 7411/Attorney

    Just say not guilty. You can stand mute, but the court will also enter a plea of not guilty if you do that.

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