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Do I need to file an actual motion for a 7411 deferral? Is this normally just done in open court?

Bay City, MI |

I am handling a 7411 for the first time. I was just wondering what a 7411 petition should include. Can it be filed before sentencing? Should I waive the probable cause hearing etc. and proceed straight to sentencing? The prosecutor has agreed.

Attorney Answers 4

Posted

My experience is that it depends on the judge. Some will grant it upon verbal request while others require a written motion. File one to be on the safe side or ask a local criminal defense attorney from the area who is familiar with the practices of your judge.

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Posted

It almost sounds as if you are a new lawyer from your questions...I hope that is not the case. Assuming you are not a lawyer and you are a defendant who is representing him or herself, consider that Abraham Lincoln once said something similar to the following: “A person who represents himself has a fool for a client.” It is obvious that you have no idea what you are doing and given the gravity of a criminal conviction and potential loss of liberty you may fact at sentencing or while on probation, you are making a grievous mistake in representing yourself. If you do not have the money to hire a lawyer, ask for an appointed attorney. By having a lawyer, even a court appointed attorney, you will at least have someone who knows the answers to the basic questions you are asking. Is your life, liberty, reputation, employability, etc...important to you? If you answered "yes" to any of these questions, get a lawyer ASAP and don't be the fool that President Lincoln was referring to.

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Posted

I am confused because there are two issues. First if you should have a probable cause hearing. If you are entering a plea with the prosecutor agreeing to 7411 status you are not entitled to a probable cause hearing (as you are admitting to charges).

I would suggest you ask for a court appointed attorney.

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Posted

You need to find out how they handle them in that jurisdiction as each jurisdiction is handled differently.

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