Asked in Criminal Law and Federal Crimes for Michigan

Q: what will my boyfriend get for his fidsf drjug offense

my boyfriend was arrested yesterday during a raid the police conducted at the hour he was staying at due to the homeowner having had stolen a trailer. during this raid, they found a small baggie with methamphetamine in his pocket. he had a warrant for about 3 months for failure to appear to court for traffic tickets (DWLS) and he had also not appeared to his probation meetings for about 2/3 months for his misdemeanor charge of destruction of property. his PO has been understanding so far and she even said about a month ago that she hadn’t entered in a warrant for his failure to appear to his probation meetings so she seems to be understanding and unlikely to be severe with him. Do you expect him to have a bond? if so, how much? might he just be released on probation or given the 7411? this is his first drug offense.

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2 Lawyer Answers
Brent T. Geers
Brent T. Geers
Answered
  • Criminal Law Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: Really hard to say without knowing complete facts (e.g., how much is a "small" baggie) and what jurisdiction this is. I would expect some sort of bond to be posted; he has warrants while on probation (which he's not even been reporting to) - gonna be hard to convince a judge or magistrate that his promise to show up to court now means anything.

Meth sentencing guidelines are rough. It's possible for probation, but more likely there will at least be jail. Like with bond, with your boyfriend's history, why would a judge want to put him on probation again? He could also still get 7411, but that all depends on the judge. Some judges would see an unsavory pattern developing here and decline 7411 - it's a privilege, not a right.

James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: For a first drug offense involving possession of methamphetamine, the outcome can vary based on several factors, including the amount of the substance, his criminal history, and the judge's discretion. Since he already has a warrant for failure to appear in court and has missed probation meetings, these factors could impact the judge's decision on how lenient or strict they will be. His probation officer’s understanding nature might help, but the new offense and previous failures could still complicate things.

As for bond, there is a good chance he may be given one, but the amount can vary greatly depending on the severity of all his offenses combined, the policies in your area, and the judge's discretion. It could range from a few hundred to several thousand dollars. The fact that he has an existing warrant may also influence the bond amount or conditions, making it higher or even leading to a denial.

Regarding the 7411 status, which allows first-time drug offenders to avoid a conviction on their record if they complete probation successfully, it is a possibility, but not guaranteed. Given the failure to comply with past probation terms, the court might be hesitant to grant it. It would be wise to consult with a legal representative to navigate his specific situation, as they can offer tailored advice and potential strategies for minimizing consequences.

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