Can I still use "7411" if I show up to court 2 weeks after my arraignment?

Asked about 1 year ago - Brighton, MI

I live in oregon and was visiting michigan to see family. I was with my friends in the car and we were pulled over and searched. I was found with marijuana (i am a first time offender and it was less than an ounce). I am coming back to michigan as soon as i can get there but my work keeps me away. Can i still make the "7411" plea even though I have a warrant out now for missing arraignment?

Attorney answers (5)

  1. David B. Carter Jr.

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Perhaps. You really should hire an attorney to help at this point.

  2. Cody Crane

    Contributor Level 6

    Answered . Obviously the 7411 is implemented for cases like yours. However, your case is more complicated. The 7411 may still be available, but you will likely need an attorney to help you with this. Do not just assume that you'll receive it, as the court has already issued a warrant for you missing your arraignment. Contact a local attorney who knows the court well and can help you out.

  3. Jarod M. Calkins

    Pro

    Contributor Level 8

    Answered . There is nothing in the statute (MCL 333.7411) which prohibits you from receiving the diversion simply due to a warrant. However, since the final decision on whether you are granted diversion lies with the judge, your warrant may be taken into consideration. I would hire an attorney in the area, one that is familiar with both the judge and probation to assist. You have to explain away your absence.

    The answer to this question is for general informational purposes only. It is not intended to be legal advice on... more
  4. Steven M. Dodge

    Contributor Level 12

    Answered . Whether you case is assigned to Howell or Brighton, you would still stand a good chance of the judge approving 7411 status. If you have other questions as to how these things work here in Livingston County, feel free to contact me..

  5. Gary Francis Kennedy II

    Contributor Level 11

    Answered . Yes, you just need to deal with the situation. Hire an attorney to help you.

    Kennedy Law Office, PLLC
    586-580-1942
    Free Consultations

    Disclaimer: No attorney-client relationship has been established. Please contact an attorney about your legal... more

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