What is MCL 333.7411?
What your attorney will commonly refer to as "7411" is a statute designed to avoid the otherwise harsh penalties involved with a single drug conviction. It is typically available one time. Types of drug crimes that this statute applies to include possession or use of:
- Narcotic Drugs
- Cocoa Leaves
- Hallucinogenic Drugs
If treated this way, any record of the conviction will be a "non-public" record. This means that there still is a record of the conviction, however, it is available to a Court or Police Agency for the purpose of showing that this statute was previously used.
So Why Does "7411" Help?
Treatment under "7411" helps for several reasons. These reasons include the following:
- The offense will not be reported to the Secretary of State. This is important when seeking to avoid the 6 month license suspension which will be imposed for a possession or use conviction. With 7411, there is no license suspension at all.
- Any conviction or plea taken pursuant to "7411" does not have to be disclosed to potential employers. When looking for a job in a competitive market, this can be a huge benefit.
What Are The Draw-Backs?
A conviction under "7411" is not a dismissal and does have some ramifications. Some of these include the following:
- A "7411" conviction can be considered by a Courts in a future sentencing. It can be used for scoring under the Sentencing Guidelines. Even though "dismissed" at the end of probation, you may be prevented from obtaining a high security clearance or even from obtaining a CCW.
- You will be on Probation when placed granted "7411" status. If you have a new offense or you violate a terms of your probation, then the conviction can be placed on your record. You will not have a new trial if you lose your "7411" status.
Are You Eligible For "7411"?
Eligibility for "7411" treatment is governed by statute. Some Offenses are INELIGIBLE for treatment under 7411. IMMIGRATION STATUS MAY BE AFFECTED BY A PLEA UNDER 7411. For more information, contact Thomas J. Tomko at (586) 795-8822 and we can discuss your eligibility and the impact of a plea under MCL 333.7411.