Arrested in possession of Marijuana

I was 16 at the time, 17 now. This takes place in Michigan.

A few months ago, I was arrested in what the police report read was a routine traffic stop inquiring about an assault. We were all pulled out of the car, and under me was a small bag of marijuana, probably weighing under a gram. The police officer said my eyes looked glazed and asked if I had been smoking. I was really drunk and didn't want to get breathalyzed to I told him I had smoked earlier that day, but that nobody else in the car had been smoking. I had no idea the bag of weed was there.

Several days later a friend of mine went in and wrote a statement claiming the bag of marijuana. I went to my pretrial a month ago and they are charging me with USE of marijuana instead of possession. I hesitantly plead not guilty thinking they couldn't prove it, because I was aware they do not generally use hair tests. I consulted with my lawyer and he told me to change my plea to guilty and ask for a 7411 when I go in to my next trial, on the 7th of this month.

I've been into quite a bit of trouble when I was younger, too. When I was 13 I was arrested for two felony offenses of breaking an entry with intent of larceny. I repaid restitution, completed my classes and probationary terms, and one of the felonies was dropped. I'm sure this will affect my sentencing in some way but I'm not sure how.

I'm not sure what's going to happen. Will I be drug tested upon my next trial on the 7th? What are the terms of punishment for use of marijuana? How will my other charges effect this? Should I plead 7411 and what are the chances of it being granted?

Some help please

I'm not bashing judges or lawyers, I'm bashing this judge in particular. He's known in my town for throwing the book at people for the littlest things. I'm just asking for help, and if you're not this man, you shouldn't be offended.

johnr222 said:

I'm not bashing judges or lawyers, I'm bashing this judge in particular. He's known in my town for throwing the book at people for the littlest things. I'm just asking for help, and if you're not this man, you shouldn't be offended.

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It's always a good idea to leave personal opinions out of the equation. Stick to the facts of the matter. If you cruise the rest of this site you will understand what I am talking about. Only give facts and you should get the answer you are looking for. Otherwise, you most definitely will get bashed. There. I said my peace. Good Luck and Happy New Year.

johnr222 said:

I'm not bashing judges or lawyers, I'm bashing this judge in particular. He's known in my town for throwing the book at people for the littlest things. I'm just asking for help, and if you're not this man, you shouldn't be offended.

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You mean he has the nerve to do his job and enforce the law? On people who break it? Like whiney little loser teens who like to drink and do drugs illegally? Yeah, that's being a "dickhead".

Had the first judge you encountered been tougher on you, you might not be back in trouble.

They are charging you for use because you admitted to it.

You confessed.

You must understand that what you tell a cop may come up again later.

What will happen with your use and/or possession of marijuana charge really depends on what part of Michigan you are in.

Generally, marijuana use is a misdemeanor in Michigan, with the possibility of 90 days in jail and/or a $100 fine, although if this is your first marijuana offense, you may be offered a diversion program. A conditional discharge is possible in any marijuana use or possession case, and IF you are granted diversion and IF you satisfy all of the terms of probation (which will probably include drug testing or classes and some community service hours), the charge will be dismissed and your criminal record will not reflect this use or possession by you.

There are areas in Michigan, however, where use and possession is a civil infraction and not a misdemeanor (Ann Arbor, Flint, Traverse City). Here you could expect a $100 fine and that's it.

In Ann Arbor, if you are caught with marijuana, you receive a $25 ticket for your first offense, a $50 ticket for your second offense, and a $100 ticket for a third or subsequent offense. There is no jail time and no probation. This only applies to the city of Ann Arbor itself, however. The University of Michigan handles marijuana offenses on their property a little more seriously.

Your best bet when you go to court is to be polite, contrite, dress nicely (a suit and tie would be good), do not wear a baseball cap or bluejeans, do not argue with the judge or anyone else in the courtroom, do not bring a cell phone into the courtroom. Do not try to make excuses for your use or possession (or your drinking). Apologize for your stupidity. Then plead guilty and ask for the diversion program. You may not get it because of the felonies in your past, but the judge will certainly consider it.

Your attitude WILL make a difference, so don't go into court thinking the judge is a dickhead, or it will show in how you act.

THANK YOU QUINCY... for being the only one able to give me a HELPFUL answer, and not being the 5th person to remind me about how horrible I am, and how I'm in the wrong for not liking a judge.

THAT, johnr, is the attitude you should definitely lose before entering the courtroom.


(and I, too, know some dickhead judges. . . .but if you watch the drugs and alcohol, you can generally avoid having any contact with them )