Drug Crimes Defense Attorney – Section 333.7411

Defense Lawyers Concentrating on Helping Those Charged with First Offense Controlled Substance and Drug Charges Avoid Convictions and Jail

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If you are charged in Michigan with a misdemeanor or felony drug charge, you may be eligible to have your case taken under advisement and dismissed. Under limited circumstances for possession of cocaine, heroin, drug paraphernalia, prescription drugs, and other similar offenses, a person charged may request that his or her case be taken under advisement and dismissed upon completion of probation. If a drug charge is taken under advisement, Michigan driver license sanctions and suspension can be completely avoided.

Deferral, Dismissal, and Advisement

Michigan Expungement Attorney – Effectively, Michigan Compiled Law Section 333.7411 (also known as MCL 333.7411) provides that when an individual who has not previously been convicted of an offense 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 are provided for in the law.

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Great Drug Crimes Defense Lawyers Can Help

Granting under advisement status for a controlled substance offense under MCL 333.7411 is far from a guarantee. The defense lawyers with LEWIS & DICKSTEIN, P.L.L.C. understand that careful, creative and intelligent preparation is necessary to maximize a client’s chances of avoiding a conviction. Judges in Michigan are historically tough on drug offenses and look for every opportunity to make probation onerous and burdensome and, of course, maximize the court’s financial benefit from probation supervision. We will do whatever is necessary to get you the best possible result and obtaining a dismissal of the charges is always our top priority when possible.

We stop at nothing to do whatever is necessary to achieve the best possible result at sentencing for a client on possession of narcotics or paraphernalia charges. We understand that a conviction for a drug crime can be life-changing in many ways, including jail, financial obligations, custody complaints, license sanctions, employment problems and more. Achieving under advisement status under 7411 is critical and must be achieved if possible.

7411 and Violation of Probation

If you are on probation under 7411 and you are accused of violating probation, you risk having a conviction entered on your record, jail or prison time, and having your license suspended. An accusation is not enough to trigger these consequences. Every violation of probation (VOP) is defensible in one way or another, even when the evidence seems overwhelming. Expert legal representation can result in the dismissal of probation violation charges based on a constitutional violation, a mistake in testing procedures or protocol, a technicality in the Judgment of Sentence, a lack of knowledge or intent, mistake, and many other exculpatory strategies. When there is no way to avoid the judge determining there was a violation of probation, the defense can be one of mitigation. Mitigation means convincing the judge to keep the client’s sentence under 7411 and limiting the other consequences based on equitable factors, such as family obligation, possible loss of employment, desire to get therapy or drug treatment, and probable expulsion or failure in school. With an aggressive, creative, and intelligent defense, a violation of probation does not have to result in serious consequences.

Michigan Criminal Defense Attorney

If you or a loved one is charged or accused of committing a drug crime in Michigan, please do not hesitate to call LEWIS & DICKSTEIN, P.L.L.C. at (248) 263-6800 for a free consultation or fill out a Request for Assistance Form and we will promptly contact you.

Michigan Criminal Defense Attorney

Counties that are historically tough on drug crimes include Oakland County, Wayne County, Washtenaw County, Livingston County, and Macomb County. Drug crimes include but are not limited to Possession of Marijuana, Possession of Narcotic Paraphernalia, Possession of Cocaine, Possession of Heroin, Possession of Methamphetamine, Possession of Analogs, Possession of an Imitation Controlled Substance or Use of Marijuana or other controlled substance.