7411 DRUG DEFERRAL
If you are facing charges for possession of a controlled substance, you are probably worried that this could have a devastating impact on the rest of your life. All it takes to have a felony conviction on your record is being caught in possession of certain controlled substances. Thankfully Attorney Shawn Haff and The Criminal Defense Law Center of West Michigan can help you get sentenced under the 7411 drug deferral program.
The list if detrimental consequences for a drug possession charge is lengthy. Defendants face a chance of jail or prison, probation, costs and fines. Even if you are only facing misdemeanor possession charges, the damages can be severe:
- the suspension/restriction of your driving privileges;
- denial of housing/rental availability and mortgages;
- loss of your employment;
- loss of eligibility for student loans;
- being unable to enter foreign countries;
- the loss of your immigration status.
The Criminal Defense Law Center of West Michigan and Attorney Shawn Haff have represented numerous clients who were arrested for being in violation of Michigan’s controlled substance laws. Many of these clients are first time offenders who have no prior criminal record. Most of these clients all share the same concern: Keeping their criminal record clean. No one wants to have a one-time mistake haunting them for years to come.
Thankfully, the Michigan legislature has addressed this concern when they passed the Michigan Controlled Substances Act found at MCL § 333.7411. This provision is routinely referred to as 7411. 7411 is the section of the act that allows persons charged for the first time with use or possession of narcotics to keep their criminal record clean if they can successfully complete probation. To successfully complete probation, a person needs to not get charged with another crime, not use illegal drugs, alcohol, complete community service, pay off court fines and costs.
Section 7411 of the Michigan Controlled Substances Act provides that;
“(1) When an individual who has not previously been convicted of an offense under this article or under any statute of the United States or of any state relating to narcotic drugs, coca leaves, marihuana, or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a controlled substance under section 7403(2)(a)(v), 7403(2)(b), (c), or (d), or of use of a controlled substance under section 7404, or possession or use of an imitation controlled substance under section 7341 for a second time, the court, without entering a judgment of guilt with the consent of the accused, may defer further proceedings and place the individual on probation upon terms and conditions that shall include, but are not limited to, payment of a probation supervision fee as prescribed in section 3c of chapter XI of the code of criminal procedure, 1927 PA 175, MCL 771.3c. The terms and conditions of probation may include participation in a drug treatment court under chapter 10A of the revised judicature act of 1961, 1961 PA 236, MCL 600.1060 to 600.1084. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the individual and dismiss the proceedings. Discharge and dismissal under this section shall be without adjudication of guilt and, except as otherwise provided by law, is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions under section 7413. There may be only 1 discharge and dismissal under this section as to an individual.”
The court, under 7411, can defer the entry of judgment of guilt. The court will then place the defendant on a term of probation with conditions such as court supervision and treatment in drug rehabilitation programs. On successful completion of the probationary term, the defendant will have the charges against them dismissed. There will be no public record of the charges. No disposition will be retained. The only record that will still be available are records that only the courts, law enforcement officials and prosecuting attorneys can have. These records allow them to determine if someone has been already sentenced under the 7411 drug deferral program.
The 7411 drug deferral program can only be used one time, for either misdemeanor or felony charges.
A defendant can be given the 7411 drug deferral program if they plead guilty and if they are convicted of the drug charges at trial. The prosecutor will probably object to giving a defendant 7411 if they take a case to trial and are found guilty. However, the court only has the discretion of whether to sentence a person under 7411. The 7411 drug deferral program is not a viable option if someone is facing possession with intent to deliver or manufacturing charges.
Not all courts will give out 7411 just because you meet the requirements for it! You should call Shawn immediately at 616-438-6719 if you are facing possession charges and you need to make sure your rights will be protected. It is vitally important that you hire an attorney who has regularly practiced law before the court your case is in. Attorney Shawn Haff and The Criminal Defense Law Center of West Michigan have fought for and gotten their clients 7411 over and over again in all West Michigan courts. We have the experience necessary to effectively get our clients 7411. We know the steps you need to take in order to help you get the 7411 drug deferral program. Call Shawn today at 616-438-6719 and let him use his professional expertise to get you the 7411 drug deferral you deserve!
My Criminal Defense Lawyers in West Michigan Proudly Serve: Kent County, Ottawa County, Allegan County, Ionia County, Barry County, Berrien County, Mason County, Manistee County, Mecosta County, Oceana County, Muskegon County, Montcalm County, Newaygo County, Kalamazoo County, Lake County, Van Buren County, and the City of Grand Rapids, Michigan.
My Grand Rapids Criminal Lawyers Also Proudly Serve The West Michigan Cities Of: Grand Rapids, Holland, Allendale, Wyoming, Kentwood, Grandville, Walker, Hudsonville, Grand Haven, Coopersville, Spring Lake, Ionia, White Cloud, Newaygo, Hastings, Stanton, Zeeland and Allegan.