04 Feb 2019 - Purna Krishnamoorthy
Keeping a charge off of your record…
It goes without say that one of the most common types of cases handled by defense attorneys are possession of controlled substance cases (drug possession). For individuals who are facing this charge as first time offenders, all hope is not lost! In Michigan we have a statute, MCL 333.7411, which is more commonly referred to as a “7411.” This statute allows first time offenders, who plead guilty to the charge, another chance at maintaining their otherwise clean record.
The process of the 7411 is that the individual being charged will plead guilty to the possession charge. The Court will then place this individual on a period of probation. The terms of the probations will likely include fines and costs, drug and/or alcohol testing or classes, as well as a possibility of some community service. The terms of probation are left open for the Judge to decide. During the entirety of the probationary period, the file containing the charge is set-aside in the Court, this portion of the process is known as “deferment.” Once the individual has successfully completed the terms of his/her probationary period, the case will be dismissed with no public record of it ever having existed. If however, the individual has picked up subsequent charges during the period they were on probation, or failed to fully meet the requirements of probation in the time allotted, the guilty plea will be entered on the record and the period of deferment will end, thereby the case would proceed as normal.
It is always best to seek the advice of experienced counsel when facing legal matters. If you, or someone you know is a first-time offender, please give Krishnamoorthy & Associates, PLLC., a call at: (248) 358-6995.