Legal Question in Criminal Law in Michigan

My husband was placed on 7411 in Michigan in January 2010, for possession charges (ecstacy and vicodin) and was supposed to be done with all of this in July 2011. However, he just plead guilty to allowing an intoxicated person to drive, which I think is completely ridiculous, and is serving 30 days in the county jail. When he arrived there today after sentencing he was told that all of his original charges from the 7411 would now be brought against him. Is this true? What can we do to make sure he doesn't get these felony charges?

Asked on 2/14/11, 7:36 pm

4 Answers from Attorneys

James Schmier Law Office of James G. Schmier, PLLC
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This is a time to retain a competent attorney to help him. Whether me or someone else, he needs help with this.

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2/14/11, 7:59 pm
Timothy Klisz Klisz Law Office, PLLC
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Yes, .7411 pleas are invalidated if you pick up another crime. Those will both go on his record. Kliszlaw.com. Tim Klisz

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2/15/11, 5:14 am
William Morrison Action Defense Center
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30 Days for allowing an intoxicated person to drive is a pretty harsh sentence unless the allowed driver was himself. Something is missing from your narrative.

He has a chance to keep his 7411 status. He needs a criminal lawyer who has those skills.

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2/15/11, 7:55 am
Neil O'Brien Eaton County Chief Assistant Prosecuting Attorney
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The terms of his 7411 probation included "do not violate any laws of the state of Michigan or elsewhere". He violated that probation term by being convicted of another crime (that I assume happened after he was placed on 7411 status). ANY violation of any probation term could be reason enough for the judge -- in his/her discretion -- to violate his probation status and rescind the 7411 status. Some judges are strict about this, and others need "the right kind of violation" (whatever that means) before 7411 or other 'grace probation' statuses are rescinded. If he was convicted of a new crime occurring while on 7411 status, he can no longer :make sure he doesn't get these felony charges'. He GOT them ... he was given a plan where he controlled whether he got the ultimate benefit ... and he apparently violated that plan. It's out of his and his attorney's hands. The judge will have to decide whether this violation is enough to take away the 7411 status. His attorney will have a chance to argue on his behalf that 7411 status should remain as-is, but if the judge decides to revoke it then it will happen.

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2/15/11, 10:37 am

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