Legal Question in Criminal Law in Michigan

Michigan Prosecutor offered me 74–11 guilty plea deal for felony charge of 'possession of analogues' (incident date October 2016 - arraigned(accepted 74-11 plea) Aug. 2017- sentencing date September 21, 2017) I am currenty on misdemeanor probation for impaired while operating motor vehicle. (Incident date Aug. 2016 - Arraigned March 2017 - sentenced probation June 2017)

Will the judge for sure give me the 74–11 at my sentencing? - because the prosecution said I qualified for the 74-11 at arraignment and offered that plea deal?

Asked on 9/14/17, 5:19 am

2 Answers from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

If the prosecutor's offer included a term that you would be placed on 7411 status probation and you pled in reliance on that (and this was articulated at the time of the plea with the judge), you could withdraw your guilty plea if the judge decided to not grant you MCL 333.7411 probation. The same would be true if the judge told you before you pled that he/she would grant you 7411 status and you pled relying on that, but then at sentencing the judge did not do this (maybe because the judge learned additional info about you in a pre-sentence report), you would have a right to withdraw your plea. On the other hand, if there was no specific part of the deal that "the Defendant will get 7411", then it's less clear that you will be able to withdraw your plea if you don't get that probation status. For instance, if the prosecutor said "it looks like you qualify and you can apply for 7411 status", then you likely would not be able to withdraw your plea.

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Answered on 9/14/17, 5:36 am

I agree with Mr. O'Brien but I warn that you ought to hire an experienced criminal defense lawyer to determine whether the case can be won. It's silly to simply accept a plea deal not knowing if the charge can be beaten. 7411 status still maintains a non-public record of your conviction for judges, courts and some employers to see.

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Answered on 9/14/17, 5:58 am

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