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Marijuana 2nd offense, Michigan (CRIMINAL LAW & PROCEDURE)

Mon, 26 Sep 2005 13:01:00 GMT

What is the name of your state?Michigan. relevant law: MCLA 333.7403(2)(d)
When I was 19 I had a possession charge for about a gram of pot and an MIP for alcohol. I completed probation and my record was cleared according to the Holmes youthful trainee act, or simply HYTA.
about HYTA:
http://courtofappeals.mijud.net/Digest/newHTML/19905521.htm
http://edit.ewashtenaw.org/government/departments/public_defender/pd_pdffaqs.html#holmes
Also, I believe that since it was my first offense, section 7411 may have been involved in my sentencing. (see 2nd link for info)
Now I'm 21 and am facing the same thing (gram of pot). My question is whether or not the court will know that this is my second offense since the first one was supposedly "sealed from public record" according to the HYTA. Will they have this on record due to the use of section 7411?
Assuming this is considered my 1st offense, I should get probation and a clean record. BUT does anyone know what could happen if this is considered my second offense?
So far I have been advised to plead not guilty in order to negotiate the possibility of probation in the place of a conviction on my record. However, I can't afford a lawyer. Also, will I have to pay extra court fees for pleading not guilty?
Any comments and help are appreciated.

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