While up in Michigan (We live 8hrs away in another state) my husbands friend was speeding and pulled over. The officers immediately smelled marijuana and stated so. The officer stated its best in the state of Michigan to be honest, so my husband voluntarily gave what he would guess is under 1 Gram but no more than 2 grams for sure. The officer was extremely nice and my husband as well. He was released on bond on the spot. This is his first offense and needs some help.
Would a wavier of arraignment followed by a request for a 7411 be the best route? We would prefer not to drag the court nor drive up there constantly. im open to any and all recommendations. Were really at a loss and hes extremely stressed. Thanks in advance for what you guys do here.Additional Information **** We don't have the finances to hire legal representation and would be going in Self-Represented
The good news is that you have made a half-decent guess about how to best handle this. The bad news is that without counsel, your husband is coming here at least once, probably twice. I say that because they are unlikely to waive his arraignment without an attorney. If an attorney is representing him, they will waive the arraignment. The time to ask for 7411 is at the pretrial and the city attorney is the one who can offer it. But again -- you have to appear at a pretrial to accomplish that. It is possible that they will make a single arraignment/pretrial date -- sometimes they do that.
By the terms used, it sounds as if you've already been given advice, at least as to procedures, by an attorney. Many competent attorneys in the Petoskey area with whom you can consult, but regardless of what may be stated in response to your question, it is imperative that he retain the services of an attorney. An attorney in your community would have a better understanding of the local courts'/prosecuting/city attorneys' attitudes concerning prosecution and the end result...the sentence. Many first offenders, if offered a plea under section 7411, would avail themselves of the opportunity. There are other considerations to be weighed, including the possibility of not complying with the terms of probation or sentence, and the consequences of violating the terms of probation/sentence, getting a violation for another possession/use charge, etc. How this would/could be treated and/or recorded, if at all, in the state of your residence might be another consideration.
Don't try to play the part of attorney, because this is not as simple as you may believe it to be. Hire an attorney..that's the advice I give to you.
Neil M. Colman
Mr. Colman is licensed to practice law in Michigan. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Colman strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
Because possession of marijuana is a misdemeanor offense in Michigan, you cannot waive the arraignment, your husband must be present for that. At the arraignment however, and depending on the court, he can enter into a plea of guilty and if a 7411 plea offer is given, he can surely accept the plea offer at that time. Generally those please will include a period of probation in which he is to have no contact with any drugs or alcohol. My advice is to consult a local criminal defense attorney in your area to determine what would be the best route for your husband in this situation.
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