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What is a 7411?

November 6, 2016 Criminal Law and Procedure

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.

Get in Touch

Call Sam Bernstein at 734-883-9584 or e-mail at bernstein@arborypsilaw.com.

Sam Bernstein is a Criminal Lawyer in Ann Arbor and Ypsilanti.

ArborYpsi Law is located at 4158 Washtenaw Ave., Ann Arbor, MI 48108.

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