We previously discussed how young people can keep their records clean, but what about everyone else?
Michigan has a law that allows first time drug offenders to keep their records clean as well. The law, Michigan Complied Laws 333.7411, is frequently just called “7411.” The law allows someone who is charged with use or possession of certain drugs (usually marijuana, but also includes cocaine, ecstasy and other drugs) to get a second chance at a clean record.
The penalties for possession or use of marijuana can include up to a year in jail, $2,000 in fines, a mandatory suspension of your drivers license for 30 days, and another 30 days of restricted driving. The state is serious about cracking down on people who use marijuana, even in small amounts. Use of marijuana for medical purposes is now legal in Michigan, for more information click over to our post on medical marijuana .
The protection of 7411 is only available to first time offenders. In order to get 7411 you must have no previous drug related charges on your record (and not just charges in Michigan, the law says that you cannot have drug charges in any other state either). Giving someone 7411 protection is entirely up to the judge. The prosecutor has no say in the matter.
Much like HYTA, 7411 is meant to be rehabilitative. The court would much rather see someone get treatment, and not get in trouble again, than put someone in jail, and have them get back out and do it again. In order to get the 7411 protection you have to plead guilty or be found guilty of the crime you are being charged with. Your admission of guilt is taken by the judge and held until you successfully complete the terms of probation the judge gives you.
Probation for a 7411 offenses is usually one year long, and includes rehabilitative treatment such as drug counseling, NA or AA, drug and alcohol testing (from once a month to several times per week) and not picking up any new charges. If you violate your probation by not attending counseling or testing positive for drugs the court can revoke the 7411 protection. This means that your plea of guilty will be entered; you will have a drug crime on your record, and then be sentenced for it.
If you successfully complete your probation, the charge will be dismissed and your guilty plea will be thrown out. A nonpublic record of the offense will be kept, and is only accessible by a court, a police agency or a prosecuting attorney. You can only get 7411’s protection once, so be careful not to lose this “get out of jail free” card.
For more information on Michigan’s 7411 Law, contactDan Ambrose at 248-624-5500 or visit our website www.marijuanalawyermichigan.com