Deferred Sentences for Drug Crimes in Michigan

Defense Lawyer for Drug-Related Crimes

Michigan law allows the sentences to be deferred by someone under certain circumstances in drug-related crimes. When a sentence is deferred, a judge will not enter in a sentence if the defendant complies with specific orders he or she outlines. By deferring the sentence, it gives the defendant a chance to never have the conviction appear on his or her permanent record.

There are two sections of the law that allow for deferment. To qualify under Section 7411, a defendant cannot have been convicted of a previous drug crime. The exemption can only be used once under special circumstances and applies to anyone no matter what his or her age. To invoke 7411, he or she must be found guilty or plead guilty to certain crimes.

Crimes Eligible Under 7411

The convictions which are eligible for special treatment under Section 7411 are first-time possession charges as outlined below:

• Possession of ecstasy, methamphetamine or marijuana
• Possession of less than 25 grams of Schedule 1 or Schedule 2 narcotic drugs including heroin or Oxycodone or cocaine
• Possession of non-narcotic Schedule 1 or Schedule 2 drugs including ones like GHB
• Possession of Schedule 3, 4, or 5 drugs such as steroids or Vicodin

A person may be given an opportunity for sentence deferment for a second conviction related to possessing an imitation controlled substance. It can be more difficult to qualify under 7411 under these circumstances. A judge must be provided with an assessment showing rehabilitation is possible by the defendant through a treatment program.

Process of Treatment

Despite a conviction being given to a defendant for one of the crimes listed above, the court will wait to enter in the guilty conviction. As your drug crime defense team, we will work with the judge and the prosecution on a drug treatment plan for you. You will be required to follow the course outlined by the court and may even need to pay for the services. The treatment may include attending a drug rehab program or a drug abuse class.

Failure to compile with the terms outlined in the agreement will cause the crime’s conviction to be placed on your record. Therefore, it is imperative not miss any of the classes or sessions required in the drug treatment program. It is also important to pay any of the fees required by the court to avoid penalty. Finally, all other terms of the probation must satisfactorily be completed in order to not have the crime listed on your public record.

Even though Section 7411 helps you avoid having the drug conviction publicly known, the conviction will still be able to be viewed by certain governmental agencies.

At Grewal Law PLLC, we can help you determine if this section of the law is an option for you. Contact our drug crime lawyers in Michigan for a no-obligation case consultation.