7411 Drug Diversion in Michigan
Many of our clients charged with drug offenses are first-time offenders with no prior criminal record.
Often for these clients, their number one concern is keeping their criminal record clean so that a one-time error in judgment does not follow them around for the rest of their lives.
Fortunately, there is a provision of the Michigan Controlled Substances Act found at MCL § 333.7411, commonly referred to as a “74-11” that allows a person charged for the first time with the use or possession of drugs to avoid a criminal conviction by successfully completing a term of probation. Under § 7411, the court can defer the entry of the judgment of guilt and place the defendant on probation with terms and conditions that may include participation in drug treatment programs, along with other standard conditions such as community service and court supervision.
If the defendant successfully completes the term of probation, the charges against the defendant are dismissed, and no public record of the charge or disposition is retained. While no public record of the § 7411 disposition is maintained, the Michigan State Police will still maintain a non-public record of the arrest, court proceedings, and disposition of the criminal charge under § 7411 for reference if the person is ever charged with another drug offense in the future. This non-public record is available to courts, law enforcement personnel, and prosecuting attorneys for the purpose of determining whether a defendant has been previously sentenced under § 7411. A 7411 deferral can only be used one time, but it can be used for both misdemeanor and felony offenses.
A § 7411 deferral may be available to first-time drug defendants whether they plead guilty or are convicted after a trial. While the prosecuting attorney may express consent or objection to a sentence under § 7411, the discretion as to whether to sentence a defendant under § 7411 sentence rests entirely with the court. Accordingly, a judge may grant a § 7411 sentence to a defendant even over the objection of the prosecuting attorney. A § 7411 is not available if the charges consist of drug delivery, possession with intent to deliver, or manufacturing. In those cases, the only manner in which to obtain a § 7411 sentence is to convince the prosecuting attorney to allow the defendant to plead to simple possession.
7411 sentence is not guaranteed simply because you meet the eligibility requirements. Some courts will give a § 7411 sentence almost automatically to first-time controlled substance defendants. Other courts will only grant a § 7411 sentence in limited circumstances or after finding good cause.
If a 7411 sentence is not granted, simply possessing some controlled substances can result in a felony conviction with a maximum sentence of up to 10 years. In addition to the direct consequences of a drug conviction — namely, the possibility of a jail sentence, probation, and fines/costs — simple drug possession charges (even misdemeanors) can carry other serious consequences in some cases, including:
the suspension/restriction of driving privileges;
loss of eligibility for student loans;
denial of mortgages or housing/rental availability;
loss of employment;
being denied entry into foreign countries; and/or
impact on immigration status.
The attorneys at SBBL Law understand the ins and outs of Michigan drug laws and help navigate charges and work to negotiate a more favorable outcome for our clients, including possible 7411 deferrals.
