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  1. #1

    Default First Time Possession Of Marijuana in Michigan

    Last week I was pulled over and a search of the car led to the police finding my marijuana and i was charged with possession. today was my araignment and i plead guilty and im now not too sure that was the right thing to do. my main focus is not getting this on my record and i have since called both the cop and an attorney for information but i'll have to wait till tomorrow.

    This is my first ever run in with the law and im 18 and havent told my parents because i thought i could handle it. i just dont want this to end up on my record as it could hinder my future and i wont be allowed into graduate school. i've been reading all about what i should do, and i waited this long because the cop told me "you'll be alright, go on and get your degree."

    my pre-sentencing and sentencing dates are already set. will the officer be there to speak against me? i just dont know much information on the whole thing.

    any help is greatly appreciated.

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

    Default Re: First Time Possession Of Marijuana in Michigan

    Consult a lawyer about submitting a petition for sentencing under MCL 333.7411. Your probation officer will probably be at the sentencing hearing. You should not expect that the officer will be there.

  3. #3

    Default Re: First Time Possession Of Marijuana in Michigan

    will i need a lawyer in order to submit the petition? also, should i get my parents involved? they have never caught me doing anything illegal, and this would certainly be a blow to them but if my future is at stake i will definitely tell them

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

    Default Re: First Time Possession Of Marijuana in Michigan

    If you can figure out how to do it yourself, nothing prevents you from representing yourself.

  5. #5

    Default Re: First Time Possession Of Marijuana in Michigan

    so by submitting a petition under MCL 333.7411 i will have to undergo rehab? and am i correct in saying that i do not need a lawyer to submit this petition?

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: First Time Possession Of Marijuana in Michigan

    You will have to do whatever your probation requires.

    A 7411 petition can be pretty simple, e.g., after the caption,
    Defendant/Petitioner, Joe Smith, states in support of this motion:

    1. That petitioner has pleaded guilty to the offense of Possession of Marijuana.

    2. That petitioner has not previously been convicted of a drug offense, as described in MCL 333.7411.

    3. That the equities support the sentencing of Petitioner to a term of probation, pursuant to the terms of MCL 333.7411, without entering a judgment of guilt.

    WHEREFORE, Petitioner respectfully requests that this Honorable Court assign him to a term of probation pursuant to the terms of MCL 333.7411.
    Any such petition should be served on the probation department, the court, and the prosecutor. You can ask the court clerk if you would be required to file a praecipe and notice of hearing.

  7. #7
    Join Date
    Sep 2007
    Posts
    7

    Default Re: First Time Possession Of Marijuana in Michigan

    sorry to kind of change the subject but I am into something similar to you and I see that you said you haven't told your parents yet. I am 17, since I can be tried as an adult can I just go to a hearing by myself or do I need a parent?

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: First Time Possession Of Marijuana in Michigan

    You don't need to involve your parents, although it would probably be wise to do so. If you have any follow-up questions, please start your own thread.

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