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Diving on a suspended and marijuana use

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rudypoco4915

Junior Member
What is the name of your state (only U.S. law)? MI

During a traffic stop an officer found a dugout in the coat pocket I was wearing. This is a small wooden container used for storing marijuana and also contains a cigarette like device for smoking. I was required to perform at least two field sobriety tests which I passed, I was not under the influence of drugs or alcohol. I should note that the "one-hitter" was empty at the time I was pulled over.

I was arrested and charged with two offenses, driving on a suspended license and POSSESSION of marijuana. The officer did not charge me with two additional offenses, no insurance and expired tags. I spent a few hours in jail and was bonded out. I later discovered my POSSESSION of marijuana charge was changed to a USE of marijuana charge three days later. I assume this was due to the fact that there was nothing in the dugout at the time in addition to the fact the arresting officer asked me if I had ever smoked pot before. I answered honestly, indicating I had. He did not ask me if I had smoked that day, he simply asked if I had ever smoked marijuana before.

Anyhow, I have court coming up and have never been charged with a drug crime before. I am concerned with how this may affect my future job opportunities as I am currently looking for a new job. I do not want this on my record for all to see. The city in which I live already has it posted on their court website indicating the marijuana use charge.

I am considering a first-timers defense, I believe it is legislation 7411 in my state although I have heard that this may not allow me to keep my arrest details private. I am also considering an old fashioned "deferred" judgement as I have heard I may have a better chance of keeping the arrest information from public records. Is it in my best interest to utilize the 7411 defense? I'd also like to know if there are any drawbacks to using the first-time 7411 legislation?

I have a settlement conference soon and I'm curious what I might recieve as judgement. Also, when I bonded out of jail I paid the fee for a marijuana POSSESSION charge and as I mentioned above, this was later changed to a marijuana USE charge. Would it be reasonable to think that the bond for a POSSESSION charge is more than the bond for a marijuana USE charge?

Thanks in advance for your consideration.
 
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