Michigan Law allows for what I like to refer to as a bite of the Apple. This apple takes into consideration that you are a first time offender. Taking a bite of the apple allows you to keep a plea/conviction off the public record. This only occurs if you satisfy the terms and conditions of court ordered probation. As discussed in previous articles, these statues apply for individuals charged with Domestic Violence, ( MCL 769.4A) Holmes Youthful Training Act, which has specific age restrictions between the age of 17 and 21, ( MCL 762.11). Minor in Possession of Alcohol, ( MCL 436.1703(3) allows for a deferred sentence. Delayed Sentencing, ( MCL 771.1) Not technically a “Deferral,” this statue authorizes a court, without entering a judgment of guilt, to delay sentencing for no more than one year in all prosecutions for felonies, misdemeanors, or ordinance violations other than murder, treason, criminal sexual conduct in the first or third degree, armed robbery, or major controlled substance offenses.
CONTROLLED SUBSTANCE CASES, MCL 333.7411, commonly referred to as “7411”
7411, allows an individual who has been charged with a nonmajor drug offense to simply walk away without a drug conviction after successful completion of the court’s sentence. Nonmajor drug crimes are usually Possession of Marijuana, Cocaine, Heroin, or Ecstasy. Major offenses that are not eligible for 7411 are offenses that involve Delivery or Manufacture of Drugs, including Possession with Intent to Deliver and Maintaining a Drug House.
7411 may only be used once in a lifetime.
There is no age requirment for 7411 as with HYTA.
A prior Drug Conviction precludes eligibility under section 7411.
The consent of the prosecutor is not required.
A 7411 plea will prevent Michigan Driver’s License sanctions.
For more information or questions regarding any of the above statues contact Todd Levitt, Mount Pleasant Michigan Lawyer, CMU Student Lawyer at 989-772-6000. Todd Levitt has specialized in Criminal Defense for more than 17 years. Todd Levitt was voted one of the best lawyers by CMU students 2007, 2008, 2009 and 2010. Todd Levitt is an Adjunct Professor at CMU teaching in The College Of Business Administration. In addition, Todd Levitt is also the Academic Advisor to Delta Chi Fraternity CMU. Todd is a CMU Alumni. 989-772-6000