The answer to your question depends on many facts not given by you. You should not post more facts, though. Instead you should make sure your friend has a good local criminal defense lawyer. Which court, prosecutor and judge are involved makes a big difference.
Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.
Well, she is too old for HYTA, but there may be another first offender program of which she could avail herself, especially if she voluntarily seeks treatment for her dependency. She needs a good criminal defense attorney to negotiate her case with the prosecutor. She certainly is a good candidate for probation, but hopefully she can keep this off her record. Perhaps the prosecutor would agree to a reduction to a misdemeanor Use/Possession of a Controlled Substance Charge with sentencing under MCL 333.7411 (would allow her to keep off her record if she completes probation successfully). Again, she should hire a good attorney to help her. Best wishes.
The prosecutor should consider some sort of drug treatement program given her pain meds, which if completed, may result in a non-felony or even a dismissal.
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