Legal Question in Criminal Law in Michigan

Posession or marijuana with intent to deliver

I am an 18yr old first time offender college student and was caught with 1/2 ounce of marijuana broken up into seven separate bags. I was charged with posession of marijuana with intent to deliver. My question is what is the chance of me getting a delayed sentence on this, since I am a good student (Dean's list) and have no previous charges against me, including traffic violations. I am also an Eagle Scout, if that means anything, and I would like to get out of this without a felony on my record. The police searched my dorm and that was all they found, no scales or extra baggies. The officer said I was very cooperative and said he would make that a point in court. I was wondering what you think the outcome of this will be and what I can do to insure the best outcome.


Asked on 3/01/05, 9:52 pm

3 Answers from Attorneys
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Posession or marijuana with intent to deliver

You should consult with an attorney who specializes in criminal defense work in your area ... particularly drug cases.

A judge can always "delay" a sentence. It's just a matter of setting the sentencing date way down the road. But, in the end, unless there's a statute that gives the judge authority to dismiss a case, or a prosecutor agrees to a deal that would allow for dismissal, a delay in sentence is just a postponement of the inevitable.

Does your county operate a drug court? Many counties do, and more will soon. If you qualify for it and successfully complete it, you may be able to get your charge reduced, charge dismissed, etc.

One option would be to negotiate with the prosecutor to reduce the charge to mere possession, rather than "possession w/ intent to deliver". That would open up the possibility for you to petition the court to handle the matter under MCL 333.7411, which has a process whereby the court can dismiss a case upon successful completion of probation (go to www.michiganlegislature.org to read the text). "7411" is only available for use and possession charges.

Another option is to ask the court to handle your case under HYTA (Holmes Youthful Trainee Act). After a guilty plea, you can ask the court to put you on YTA status ... again, a statutory mechinism to give the court power to dismiss a charge upon successful completion of probation terms. It's only for 1st offenders between 18-20 yrs old.

Good luck.

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Answered on 3/02/05, 8:27 am
Eric I. Kutinsky THE MICHIGAN LEGAL TEAM, P.C.

Re: Posession or marijuana with intent to deliver

You need to call my office to help you. We can possibly keep this off your record. There a few statutory procedures to do so. Feel free to contact us at any time. Eric I. Kutinsky, Esq. http://bestdefensefirm.com/ or (248) 737-7000

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Answered on 3/02/05, 10:37 am

Re: Posession or marijuana with intent to deliver

We've had a great deal of success with cases like yours. Without knowing many of the details of the case, it is certainly not beyond possibility to get you out of this mess without a felony. Indeed we've beaten some of these cases totally. Please feel free to check out our web site:

www.AggressiveCriminalDefense.com

We'd be pleased to discuss the possibility of representing you.

Chuck Kronzek

1-800-576-6035

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Answered on 3/03/05, 5:17 pm


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