My question involves criminal law for the state of: Michigan
First let me say, Thank You to all of the Legal Experts on this site. Your knowledge and help is very much appreciated!
About two months ago, my younger brother (19) was in a car with someone who had drugs on his person. My brother had been smoking Marijuana and had a Marijuana roach on his person. The car was stopped and searched. The friend was taken to jail and my brother was let go. Fast forward to Wednesday July 22, my brother was stopped in his own vehicle (I don't know what he was stopped for) and was arrested. He was later told that he was arrested because there was a Warrant for his arrest for possession of Marijuana. It was news to him since he'd never been caught with any before, then he remembered that he was caught with the Marijuana roach.
This is his first drug possession charge, however he has been in trouble in the past. He is currently on no-report probation for possession of stolen property. He purchased a stolen game console from a friend and was caught with it in his car (because the idiot gave them permission to search his stupid vehicle). But because he's already in the system, will that keep him from being able to utilize the 7411 plea? Especially since he may not have a drug charge, but he has been charged with something non-the-less. And if he pleads not guilty and utilizes 7411 will that constitute as a parole violation? If he violates parole, he will have to serve 355 days in jail.
We've contacted a local attorney who basically told him what I've told him (to plead not guilty and 7411), but cannot guarantee anything with the probation violation. I am well aware that no one can guarantee that he will walk away from the probation violation, however to cut costs, does he reeaaally need to retain him to use 7411 and plead not guilty or can he do that on his own and retain the attorney for the probation violation (if he in fact IS found to have violated it). Any and all information/advice would be greatly appreciated. Thank you so much!

