Dear www.ALLLEGALMATTERS.com attorneys:
I am 20 years old and charged with possession of marijuana 2nd offense in Clinton Township Michigan. When I was 18 I had another case for pot possession in Warren and some court appointed attorney plead me guilty under 7411 law (?). I have been calling some other attorneys and they say there is no way to keep a 2nd possession of marijuana off my record but then I saw your blog and it seems like your lawyers know a lot about drug cases and defense. Is there anyway to keep this off my record even if I do like intense probation with drug testing? I am a student at Macomb County Community College and want to be a nurse RN and I can’t have criminal drug charges on my record. I also can’t go to jail obviously or my mom will kick me out of the house bcause she told me she would if I ever got arrested again and I will really be in trouble. I hope your law firm can help. I know I could probably get my medical marijuana card but I don’t have one right now. Does that matter? Pleeeeease help.
In the State of Michigan you are only allowed to use 7411 for a possession of marijuana or any other controlled substance one time. However, there is a different type of statute in Michigan that may be used for your possession of marijuana charge that can have the same result. The Michigan statute is the Holmes Youthfull Trainee Act, or “HYTA.” HYTA in Michigan states as follows:
762.11 Criminal offense by individual between ages 17 and 20; assignment to status of youthful trainee; exceptions; definitions.
Sec. 11.
(1) Except as provided in subsections (2) and (3), if an individual pleads guilty to a criminal offense, committed on or after the individual’s seventeenth birthday but before his or her twenty-first birthday, the court of record having jurisdiction of the criminal offense may, without entering a judgment of conviction and with the consent of that individual, consider and assign that individual to the status of youthful trainee.
(2) Subsection (1) does not apply to any of the following:
(a) A felony for which the maximum penalty is imprisonment for life.
(b) A major controlled substance offense.
(c) A traffic offense.
(d) A violation, attempted violation, or conspiracy to violate section 520b, 520c, 520d, or 520e of the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c, 750.520d, and 750.520e, other than section 520d(1)(a) or 520e(1)(a) of the Michigan penal code, 1931 PA 328, MCL 750.520d and 750.520e.
(e) A violation, attempted violation, or conspiracy to violate section 520g of the Michigan penal code, 1931 PA 328, MCL 750.520g, with the intent to commit a violation of section 520b, 520c, 520d, or 520e of the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c, 750.520d, and 750.520e, other than section 520d(1)(a) or 520e(1)(a) of the Michigan penal code, 1931 PA 328, MCL 750.520d and 750.520e.
(3) The court shall not assign an individual to the status of youthful trainee if any of the following apply:
(a) The individual was previously convicted of or adjudicated for a listed offense for which registration is required under the sex offenders registration act, 1994 PA 295, MCL 28.721 to 28.732.
(b) If the individual is charged with a listed offense for which registration is required under the sex offenders registration act, 1994 PA 295, MCL 28.721 to 28.732, the individual fails to carry the burden of proving by clear and convincing evidence that he or she is not likely to engage in further listed offenses.
(c) The court determines that the offense involved any of the following:
(i) A factor set forth in section 520b(1)(a) to (h) of the Michigan penal code, 1931 PA 328, MCL 750.520b.
(ii) A factor set forth in section 520c(1)(a) to (l) of the Michigan penal code, 1931 PA 328, MCL 750.520c.
(iii) A factor set forth in section 520d(1)(b) to (e) of the Michigan penal code, 1931 PA 328, MCL 750.520d.
(iv) A factor set forth in section 520e(1)(b) to (f) of the Michigan penal code, 1931 PA 328, MCL 750.520e.
(4) As used in this section:
(a) “Listed offense” means that term as defined in section 2 of the sex offenders registration act, 1994 PA 295, MCL 28.722.
(b) “Traffic offense” means a violation of the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or a violation of a local ordinance substantially corresponding to that act, that involves the operation of a vehicle and, at the time of the violation, is a felony or a misdemeanor.
What this all means for you is that it is possible for us to get the second possession of marijuana to stay off your record. However, you do need a competent attorney to be able to convince the judge to allow this to happen. Judges are reluctant to give HYTA if they already know that you have a possession of marijuana charge on your record. The reasoning is that you would essentially be getting two bites at the apple. Of course, this is all assuming you plead guilty or are guilty. Keep in mind that you have to plead guilty to get HYTA.
Please contact us if you have additional questions.
Peter A. Torrice
Canu Torrice Law
32059 Utica
Fraser, MI 48026
586-285-1700
http://WWW.ALLLEGALMATTERS.COM
Wow thatz awesome!!! Always good to know attorneys who know loopholes in the law