Drug Crimes Dismissed Under 7411

Don’t Settle for a Drug Crime Conviction

If you are being charged with a crime, especially a felony, getting it dismissed will be our utmost priority. In Michigan, there are several progressive laws on the books that enable a person to get a misdemeanor or felony criminal charge dismissed. The Michigan statute found at MCL 333.7411 enables eligible offenders to get misdemeanor or felony drug crimes dismissed without jail and without going to trial.

You are not required to be a snitch or cooperate with the police to get your drug crime dismissed pursuant to 7411.

Call Abdo Law for Free Confidential Consultation to get your life back on track. Phone: 586-412-5555.

Legal Analysis of 7411

The major benefit of getting a drug charge resolved pursuant to 7411 means that the criminal charge is deferred, judgment of guilt is not entered with the court, and the case is dismissed at the end of a period of probation. Once dismissed, the Michigan State Police is ordered to remove the matter from the public records. The conditions of probation may include random drug testing and substance abuse counseling.

You may be eligible for 7411 if:

• The drug crime involves “use” or “possession”.
• 7411 does not apply to drug crimes that involve delivery or manufacturing.
• 7411 may only be used once in a person’s lifetime.
• The person applying for 7411 has never been convicted of any other drug crime.
• The Judge consents to disposition pursuant to 7411.
• The prosecutor’s consent to 7411 may be necessary.

Even the most serious felony drug crimes can be dismissed under MCL 333.7411, including possession of analogues and also drug crimes punishable by up to 10 years in prison, such as possession of methamphetamine and possession of ecstasy.

Resolution of a drug crime pursuant to 7411 in the criminal system means:

• No criminal record.
• No jail.
• No entry of guilt is entered unless 7411 status is terminated.
• The record is non-public and is sealed after the case is dismissed.

How Do the Police Always Seem to Find Drugs?

Let’s face it, you would not be in trouble for a drug crime unless the police found drugs in your possession, in your home, or in your vehicle. Property that is found based upon a legal search can be used as evidence against the person in subsequent criminal proceedings. Do not despair if your being charged with a crime because there are many ways for a skilled criminal defense lawyer to get a criminal case under control.

In the United States, we are protected from illegal searches and unreasonable government intrusions of our privacy pursuant to the 4^th Amendment to the United States Constitution. A legal search is one that is obtained by a validly executed search warrant or conducted based upon an exception to the search warrant requirement. The following are well established exceptions to the search warrant requirement:

• Search Incident to Lawful Arrest
• Items in Plain View
• Voluntary Consent
• Stop-and-Frisk
• Automobile Exception
• Hot Pursuit and Exigent Circumstances
• Search of Person’s on Parole or Probation
• Impounded Vehicles
• Border Searches (tunnel and bridges to Canada)
• School Searches

Many searches that are claimed to be based upon “consent” or that are “in plain view” are spurious at best and subject to scrutiny. For example, the police may utilize carefully crafted questions and highly suggestive tactics to get a party to give consent. For example, consider the following inquiries that we have seen used by the police to get a party to consent:

• Police: Do you have any weapons, drugs, or anything illegal in your vehicle.
• Police: I am sure that you don’t mind if I take a look since you do not have anything to hide.
• Police: If you do not consent, I can get a warrant.

There are many factors that may make a consent search illegal which include consent searches made when a person is handcuffed, under the influence, or a consent search that is coerced or involuntary.

Know Your Rights:

• You do not have to make any statements to the police pursuant to the 5^th Amendment of the United States Constitution.
• You do not have to give the police “consent” to search your home, vehicle, or personal space.

When the police do not play by the rules and a search is found to be illegal, the property found cannot be used in a subsequent criminal case and is suppressed. When there is no property that can be admitted as evidence to support the crime, the case is dismissed!

Felony Drug Possession Cases are Eligible for 7411

Drugs that are considered dangerous or highly addictive are classified as felonies. Some of these drugs include Fentanyl, heroin, cocaine, MDMA (ecstasy) and analogues. Analogues are drugs that are available by a prescription such as Xanax and Vicodin. Offenders charged with possession of these any of these substances may be eligible for 7411, obtain probation, avoid incarceration, and get a dismissal. All of the following offenses are 7411 eligible:

If you have prescription medications in your possession, law enforcement officers have access to Michigan’s prescription monitoring program (MAPS). MAPS is used to track controlled substances, schedules 2-5 drugs. It is also used as a tool by prescribers and dispensers to assess patient risk and is also used to prevent drug abuse.

Contact ABDO LAW at 586-412-5555 for Free Consultation if you have a drug crime in any of the following courts:

• 37th District: Warren, Centerline
• 38th District: Eastpointe
• 39th District: Roseville, Fraser
• 40th District: St. Clair Shores
• 41-A District: Sterling Heights
• 41-A District: Shelby Township, Macomb, Utica
• 41-B District: Clinton Township, Harrison Twp, Mount Clemens
• 42-1 District: Romeo, Washington Twp, Armada, Richmond, Ray Twp
• 42-2 District: New Baltimore, Chesterfield Twp, Lenox Twp, New Haven

The ABDO LAW FIRM has successfully negotiated dismissals of felonies, misdemeanors and 7411 for 1,000’s of clients charged with drug crimes in Macomb, Oakland, Wayne, and St. Clair Counties. Call for a Free & Confidential Consultation. Phone 586-412-5555.