QUESTION
What will I be charged with violation of probation for possession of marijuana with a “whizznator” device?
Asked on Sep 24th, 2012 on Criminal Law - Michigan
More details to this question:
I was charged with a misdemeanor for possession of marijuana and sentenced to nine-month of probation with every other week urine testing, court ordered counselling, 25 hours of community service and a weekend camp called "MJ weekend" with a 7411 on top of it in Michigan. I did six months of probation, all of my community service, and the "MJ weekend". I was caught trying to cheat a drug test at a testing facility called JAMS with a fake prosthetic device called the Whizznator. The guy working there called my probation officer and told her. The next day, I had an appointment with her and confessed to her. She made me test there and violated me for "attempting to use someone else’s urine", "failure to go to counselling" and "peeing positive for marijuana” on September 5th. My court date is on October 2 and I am extremely nervous. What is going to happen to me? What am I going to be faced with? What should I say? I’m a poor college kid that attends Central Michigan University. I don’t have a lawyer because I don’t have the money for it. I know what I did was completely stupid and wrong but I did it because I was scared to violate, which put me in a worse situation. If I go to jail, I will most likely fail this semester that I spent years trying to pay for. Please help me with some information on what to do, say and what you predict will happen. The court I go to is 52, first district court Novi Michigan.
6 ANSWERS
Steven D. Dunnings
Hire an attorney.
Answered on Jun 12th, 2013 at 2:15 AM
Leonard A. Kaanta
Your probation will be revoked and you could be sent to jail.
Answered on Oct 01st, 2012 at 11:52 PM
Criminal Law Attorney serving Novi, MI
at
Law Offices of Stephen A. Barker
Update Your Profile
You have three judges in 52-1. Your chances of avoiding jail will vary depending on the Judge. Judge MacKenzie has the scariest reputation but will listen and consider any defense provided for you particularly if you show the proper remorse and positive steps to improve. Judge Powers is fair minded but no judge likes to be fooled. Judge Bondy can be very tough but does have his days where he is more amenable to explanations. Best advice: borrow some money and get a local attorney who has credibility with those judges. You have too much at stake to risk an over burdened court appointed attorney. If you are participating in the Court's sobriety court program, you have waived your right to an attorney of your choice for any violation hearing.
Answered on Sep 28th, 2012 at 12:22 AM
The point of all the things you had to do was to monitor your behavior because you were ordered not to use. You kept using and instead of staying clean, which is very simple, you started coming up with ways that you could use and, presumably, not get caught. Is that stupid or what? You missed the point. You assumed that it was a game. Using is NOT alright. Your probation officer should file for violation of probation and your 7411 will disappear and you will face the penalties. What in blazes do you think it was all about in the first place? You made choices bad ones as it turns out. You had better hope that the judge is easy but not many are. You need a lawyer. Your choices have pretty much put college further down the pike and you did it, all by yourself!
Answered on Sep 28th, 2012 at 12:10 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
You have gotten yourself in a major bind. You should retain counsel. As you were already granted leniency by the court, the prospect of additional leniency is diminished. Do everything you can to minimize the effect and, the loss of your 7411. It is would the investment in the try, as it is the rest of your life. You cannot afford NOT to have a GOOD attorney.
Answered on Sep 27th, 2012 at 11:58 PM
Michael J. Breczinski
I would have you get into a residential drug treatment program. I would try to salvage the 7411 status. 7411 is a Michigan Statute for first time drug offenders. IF you successfully complete it you have no record. It can only be used once in a lifetime. With a drug conviction you can be barred from getting student loans and a drug conviction can bar you from many professions.
Answered on Sep 26th, 2012 at 4:31 PM