ATTORNEY CARL JORDAN - MICHIGAN CRIMINAL DEFENSE BLOG
DRUG PRETRIAL DIVERSION
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MCL 333.7411 provides a pretrial diversion program for the crime of use or possession of drugs. The program offers an opportunity to avoid a permanent criminal conviction on your record.
DISCHARGE AND DISMISSAL OF DRUG USE OR POSSESSION - MCL 333.7411
For first-time offenders, Michigan law (MCL 333.7411) may provide the means to have the case dismissed. Having the case dismissed in this fashion has requirements that mirror probation for drug use or possession. For that reason, Attorney Carl Jordan will always explore opportunities to have the charge dismissed for lack of evidence or violation of constitutional rights. If dismissal outside of MCL 333.7411 is not possible, the statute provides an attractive alternative to a criminal conviction.
For More Types of Diversion See:
Avoiding Criminal Conviction Through a Diversion Program
WHAT IS A PRETRIAL DIVERSION FOR DRUG USE OR POSSESSION?
Under Michigan law, a first-time offender who uses or possesses certain illegal drugs, may have further proceedings deferred and be placed on probation. Upon fulfillment of the terms and conditions of probation, the court shall discharge the individual and dismiss the proceedings.
MCL 333.7411 IS AVAILABLE TO THOSE WHO ARE CHARGED WITH:
- Possession of a controlled substance
- Use of a controlled substance
- Use or possession of an imitation controlled substance
- Drug delivery
- Possession with intent to deliver a drug
- Manufacturing a controlled substance
- Possession of ecstasy
- Possession of methamphetamine
- Possession of heroin
- Possession of LSD
- Possession of Vicodin, Xanax, Adderall, Percocet, Valium and Oxycontin
- Drug delivery
- Possession with intent to deliver a drug
- Manufacturing a controlled substance
PRETRIAL DIVERSION PROBATION
Probation under a diversion agreement usually lasts one year, but the timeline can vary by case. Terms of the probation often include:
- Seeking employment
- Keeping a job
- Obtaining a GED
- Going to rehabilitation or obtaining substance abuse treatment for drugs and/ or alcohol
- Taking random or regular drug testing
- Mental health treatment
Upon completing the requirements of the pretrial diversion probation, the defendant may have to appear in court for verification that he or she has not picked up any new charges. When the case is dismissed, there will be no public record, but it's not entirely gone. Law enforcement and courts will still be able to see the case.
YOU NEED AN EXPERIENCED CRIMINAL DEFENSE ATTORNEY
In Michigan, even low-level drug convictions can result in a harsh sentence. A drug conviction on your record closes many doors. Fines, community service, monitoring, and other penalties can make it difficult to rebound. If you or someone you love is facing charges for a crime involving drugs, know your options and your rights. The legal action you take now will have a long-term impact on your future.
ABOUT CARL JORDAN
Carl Jordan has a well-known track record of success in the courts of Oakland, Wayne, and Macomb counties. Limiting his practice to a limited geographical area allows him to be familiar with judges and prosecutors and understand their tactics. He pursues every reasonable option, tactic, and technique to help clients avoid convictions and jail time and will find a way to help you.
Attorney Carl Jordan is knowledgeable about pretrial diversions and has been successful in obtaining diversion agreements. He believes that a poor decision shouldn't ruin your life and passionately fights for each client. If you are facing drug use or possession charges call Attorney Jordan at 248 358-6647 for a free consultation.
