Alcohol & Drugs: MIP, MIC, Intoxication 18 year old marijuana charge

[pasta12987]

Well me and 4 friends parked down at a little boat launch ramp in the middle of nowhere at 11:30 at night to take a piss break. We saw a car pull up so we headed towards our car. Three people were in the car and 2 were not. Well it happened to be a cop and he rolled down his window and started talking to us. Soon he asked me (driver) to get out of the car and put my hands on the hood for no reason. I did so and then he asked my friend to do the same. With 3 people remaining in the car he asked if anyone had any marijuanana. 1 person in the car said yes and the guy next to me outside the car had a sack also. As you can assume we all went downtown and got possesion charges. Is there anyway I can get out of this for an illegal search? Also, if they messed up information on my ticket like my birthday will that get me out of it?

Now if I were to pull the 333.7411 act and i had had a previous conviction (MIPI) would i still be able to use that? The MIPI was cleared off of my record at the time i was arrested.

What kind of punishment would i end up getting if i did use the act and if i didnt?

(happened in Michigan)

 

[Michael Wechsler]

Well me and 4 friends parked down at a little boat launch ramp in the middle of nowhere at 11:30 at night to take a piss break. We saw a car pull up so we headed towards our car. Three people were in the car and 2 were not. Well it happened to be a cop and he rolled down his window and started talking to us. Soon he asked me (driver) to get out of the car and put my hands on the hood for no reason. I did so and then he asked my friend to do the same. With 3 people remaining in the car he asked if anyone had any marijuanana. 1 person in the car said yes and the guy next to me outside the car had a sack also. As you can assume we all went downtown and got possesion charges. Is there anyway I can get out of this for an illegal search? Also, if they messed up information on my ticket like my birthday will that get me out of it?

Now if I were to pull the 333.7411 act and i had had a previous conviction (MIPI) would i still be able to use that? The MIPI was cleared off of my record at the time i was arrested.

What kind of punishment would i end up getting if i did use the act and if i didnt?

(happened in Michigan)

I assume the following is what you are talking about:

PUBLIC HEALTH CODE - Act 368 of 1978

333.7411 Probation of individual with no previous conviction; entering adjudication of guilt upon violation of probation; discharge and dismissal without adjudication of guilt; nonpublic record of arrest and discharge and dismissal; effect of civil fine for first violation; requiring individual to attend course of instruction or rehabilitation program; failure to complete instruction or program as violation of probation; screening and assessment; participation in rehabilitative programs; payment of costs; failure to complete program as violation of probation.

Sec. 7411.

(1) When an individual who has not previously been convicted of an offense under this article or under any statute of the United States or of any state relating to narcotic drugs, coca leaves, marihuana, or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a controlled substance under section 7403(2)(a)(v), 7403(2)(b), (c), or (d), or of use of a controlled substance under section 7404, or possession or use of an imitation controlled substance under section 7341 for a second time, the court, without entering a judgment of guilt with the consent of the accused, may defer further proceedings and place the individual on probation upon terms and conditions that shall include, but are not limited to, payment of a probation supervision fee as prescribed in section 3c of chapter XI of the code of criminal procedure, 1927 PA 175, MCL 771.3c. The terms and conditions of probation may include participation in a drug treatment court under chapter 10A of the revised judicature act of 1961, 1961 PA 236, MCL 600.1060 to 600.1082. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the individual and dismiss the proceedings. Discharge and dismissal under this section shall be without adjudication of guilt and, except as provided in subsection (2)(b), is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions under section 7413. There may be only 1 discharge and dismissal under this section as to an individual.

(2) The records and identifications division of the department of state police shall retain a nonpublic record of an arrest and discharge or dismissal under this section. This record shall be furnished to any or all of the following:

(a) To a court, police agency, or office of a prosecuting attorney upon request for the purpose of showing that a defendant in a criminal action involving the possession or use of a controlled substance, or an imitation controlled substance as defined in section 7341, covered in this article has already once utilized this section.

(b) To a court, police agency, or prosecutor upon request for the purpose of determining whether the defendant in a criminal action is eligible for discharge and dismissal of proceedings by a drug treatment court under section 1076(4) of the revised judicature act of 1961, 1961 PA 236, MCL 600.1076.

(c) To the state department of corrections, a law enforcement agency, a court, or the office of a prosecuting attorney upon request of the department, law enforcement agency, court, or office of a prosecuting attorney, subject to all of the following conditions:

(i) At the time of the request, the individual is an employee of the department, law enforcement agency, court, or office of prosecuting attorney or an applicant for employment with the department, law enforcement agency, court, or office of prosecuting attorney.

(ii) If the individual is an employee of the department, law enforcement agency, court, or prosecuting attorney, the date on which the court placed the individual on probation occurred after March 25, 2002.

(iii) The record shall be used by the department of corrections, law enforcement agency, court, or prosecuting attorney only to determine whether an employee has violated his or her conditions of employment or whether an applicant meets criteria for employment.

(3) For purposes of this section, a person subjected to a civil fine for a first violation of section 7341(4) shall not be considered to have previously been convicted of an offense under this article.

(4) Except as provided in subsection (5), if an individual is convicted of a violation of this article, other than a violation of section 7401(2)(a)(i) to (iv) or section 7403(2)(a)(i) to (iv), the court as part of the sentence, during the period of confinement or the period of probation, or both, may require the individual to attend a course of instruction or rehabilitation program approved by the department on the medical, psychological, and social effects of the misuse of drugs. The court may order the individual to pay a fee, as approved by the director, for the instruction or program. Failure to complete the instruction or program shall be considered a violation of the terms of probation.

(5) If an individual is convicted of a second violation of section 7341(4), before imposing sentence under subsection (1), the court shall order the person to undergo screening and assessment by a person or agency designated by the office of substance abuse services, to determine whether the person is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs. As part of the sentence imposed under subsection (1), the court may order the person to participate in and successfully complete 1 or more appropriate rehabilitative programs. The person shall pay for the costs of the screening, assessment, and rehabilitative services. Failure to complete a program shall be considered a violation of the terms of the probation.

 

[Michael Wechsler]

Now if I were to pull the 333.7411 act and i had had a previous conviction (MIPI) would i still be able to use that? The MIPI was cleared off of my record at the time i was arrested.

Is there a reason you think that you have the right to "pull" this section and require the court to let you go? From my reading of the statute, it is within the court's discretion to give you probation but it is certainly not mandatory.

"...the court, without entering a judgment of guilt with the consent of the accused, may defer further proceedings and place the individual on probation...