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

Michigan Criminal Defense Attorneys - Lewis & Dickstein PLLC

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If you are accused of a misdemeanor or felony drug offense, 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 petition the judge to take his or her case under advisement. If the judge takes the case under advisement, he or she will dismiss the case upon completion of probation. If the court accepts a drug charge under advisement, there will be no Michigan driver license sanctions or suspension.

Deferral, Dismissal, and Advisement

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 or an imitation controlled substance under section 7341 for a second time, the court, without entering a judgment of guilt, may defer further proceedings and place the individual on probation.

Great Drug Crimes Defense Lawyers Can Help You

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 complicated 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 your best hope is with an experienced and successful drug crimes defense lawyer with LEWIS & DICKSTEIN, P.L.L.C.

Michigan Criminal Defense Attorney

7411 and Violation of Probation

If a court charges you with probation violation, and you are on 7411 status, 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 severe consequences.

Michigan Criminal Defense Attorney

If you or a loved one is charged or accused of committing a drug crime in Michigan, we can help you. Call us and we will take the time to talk with you, answer all of your questions, and address each of your concerns. Together, we will develop a winning strategy.

Call us today at (248) 263-6800 for a free consultation, or complete a Request for Assistance Form and we will contact you promptly.

We will find a way to help you and, most importantly,
we are not afraid to win!

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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.