The term ‘7411’ is short for the statute MCL 333.7411, which is the drug deferral program for first time offenders. This provides an opportunity for people to keep first-offense drug possession and use charges off their record.
What is the 7411 Deferral Program?
A 7411 deferral is where a person is placed on a period of probation and the case is made non-public. After successful completion of probation, the conviction will remain a non-public record.
The person must successfully complete probation for the case to fully disappear – a probation violation could result in losing the benefits of 7411. A judge can revoke the 7411 benefit and the case could be made public for others to see.
The deferral may come after a guilty plea or a finding of guilt after trial. The decision for 7411 rests completely with the judge, you do not need prosecutor consent for 7411. A prosecutor may object, however, and a judge could take this into account.
Who is Eligible for 7411?
Charges eligible for 7411 include
- Drug use crimes
- Possession of schedule I narcotics or cocaine under 25 grams
- Possession of marijuana, hallucinogens, and other controlled substance
- Possession or use of an imitation substance for a second time
7411 may only be used once. However, there may be other deferral options available if a 7411 has been used and you find yourself charged with a drug crime.
What Can I Expect on Probation?
Each court varies on the terms of probation you could receive. Some court may impose a strict requirement for drug testing while other courts might never ask you to come back to court. The 7411 statute specifically allows the judge to impose participation in a drug treatment program.
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Call Sam Bernstein at 734.883.9584 or e-mail at firstname.lastname@example.org.
Sam Bernstein is a Criminal Lawyer in Ann Arbor and Ypsilanti.
ArborYpsi Law is located at 4158 Washtenaw Ave., Ann Arbor, MI 48108.