7411 is widely used to get misdemeanor and felony drug crimes dismissed!
There is a major provision of the Michigan Controlled Substance Act which is one of the most powerful tools that a criminal defense attorney has in its legal arsenal to fight drug crimes. Yes, 7411 is a powerful tool which enables a person that is guilty of a drug crime to say: I have a clean record! The law is found at MCL 333.7411, also known as “7411”, applies only to first time drug offenders charged with:
- Use of all drugs including Schedule 1, cocaine, ecstasy and analogues.
- Possession of including Schedule 1, cocaine, ecstasy and analogues.
7411 is a tool that we have used to get thousands of drug crimes dismissed, including all felony drug crimes for possession of ecstasy, possession of heroin, possession of analogues, Xanax, Adderall and possession of cocaine.
7411 is NOT an option for individuals found guilty of drug crimes with the element of “delivery” or “manufacturing”.
7411 Eligibility: No prior drug convictions and not charged with delivery
The good news is that if are charged with a felony or misdemeanor drug crime you may be eligible to get it dismissed, sealed and never have to list it as a conviction on a job or college application. However, there are certain eligibility requirements to get a drug crime resolved pursuant to 7411:
- 7411 may only be used 1 time.
- 7411 is not available for those previously convicted of any drug crime.
- 7411 is available for all felony and misdemeanor drug crimes with the element of “use” or “possession”.
- 7411 is available for multiple drug crimes that occurred at the same time.
- 7411 is not available for drug crimes with the element “delivery” or “manufacturing”.
- 7411 is subject to acceptance by the court.
- Dismissal of a charge pursuant to 7411 requires compliance with the conditions of probation.
- Failure to comply with the conditions of probation can result in a criminal conviction and further sentencing which may include jail.
possession of marijuana, analogues or controlled substances. The law does not apply to persons charged with delivery, manufacturing, selling or trafficking drugs. Our Macomb county criminal defense attorneys have negotiated 7411 for numerous clients charged with “possession” drug crimes in the Michigan criminal courts which has the end result of a dismissal.
Sentencing pursuant to the Michigan Controlled Substance Act pursuant to 7411, allows for a first time offender involving “possession” of marijuana, analogues or controlled substances, such as heroin or cocaine, to have the proceedings deferred without entering a judgment of guilt. The probation terms will require that the offender comply with certain conditions including: remaining drug free, attending counseling and random testing. Upon compliance, the court shall discharge the individual and dismiss the proceedings. There may be only one lifetime discharge and dismissal under this section.
A criminal defense attorney can negotiate a 7411 plea at various stages of a criminal case. For misdemeanor drug crimes, 7411 is negotiated at the district court. However, in felony cases involving possession of drugs like cocaine, it is handled at the circuit court.
A drug court is a system in which individuals with drug and alcohol addictions can go through an alternative court process instead of traditional court. Drug courts, instead of prosecuting, put individuals in drug treatment programs. Drug court processes usually last for a minimum of one year. The process typically consists of intensive treatment and accountability with judges and families. Individuals are also given a number of random drug tests and progress reports in court, to make sure they stay on track with the program. People can also be given rewards or punishments depending on how well they focus on recovery. A person’s eligibility for drug court depends on a number of factors that vary by state and district.
There are a number of types of drug courts, including adult drug courts, juvenile drug courts, veterans’ drug courts, and campus drug courts. These different courts are centered on the individual needs of those involved. For example, juvenile drug courts provide juveniles and their families with counseling, provide education, and promote family involvement in treatment and recovery, according to the National Criminal Justice Reference Service. The benefits of drug courts are far-reaching and plenty. According to the NADCP, 75% of drug court graduates remain arrest free for at least two years and overall drug-related crimes have decreased. In addition, NADCP also reports that “Nationwide, for every $1.00 invested in Drug Court, taxpayers save as much as $3.36 in avoided criminal justice costs alone.” (NADCP Facts and Figures).