What is alternative drug sentencing in Michigan?

Alternative drug sentencing in Michigan offers non-violent drug offenders a chance to avoid jail by completing treatment-focused programs like drug court.

Who is eligible for drug court in Michigan?

To qualify for drug court in Michigan, you must be a non-violent offender without felony or sexual assault convictions and not have used a weapon during the crime.

What crimes are eligible under Michigan's Section 7411?

Section 7411 applies to first-time possession of non-narcotic drugs, small amounts of narcotics, Ecstasy, meth, marijuana, and other Schedule 3–5 drugs.

What happens if I complete the Michigan drug court program?

If you successfully complete Michigan’s drug court program, your drug conviction may be kept off your permanent record under deferred sentencing rules.

What are some rewards for completing drug court milestones?

Participants may be rewarded for staying sober, finishing education, finding employment, or mentoring others in the program.

What are the consequences for violating drug court rules in Michigan?

Violating drug court rules may result in sanctions like increased testing, community service, curfew, or brief incarceration.

Can I return to drug court if I get arrested again?

If you're convicted of new charges, you may become ineligible to return to drug court and face traditional sentencing instead.

Why should I hire a lawyer for alternative drug sentencing in Michigan?

Hiring a lawyer helps you qualify for alternative sentencing, manage compliance, and avoid long-term consequences of a drug conviction.

Michigan Alternative Drug Sentencing

Alternative drug sentencing, or drug court, helps individuals overcome addiction and addiction-related crimes.

What Is Alternative Drug Sentencing?

Individuals who suffer from substance abuse and commit addiction-related crimes typically do not benefit from traditional sentencing. Instead of rehabilitation, they become trapped in a cycle of crime and punishment without learning how to address the underlying problem: addiction.

Michigan created an alternative drug sentencing program to break this cycle, reduce repeat offenses, and provide a drug-free path.

Currently, there are 84 drug treatment courts statewide, including the adult drug court in Wayne County. It is a blend of probation, addiction counseling, and deferred sentencing.

Deferred Drug Crimes Sentencing

Under Michigan Statute Section 333-7411, a judge defers entering a sentence if the offender complies with specific orders.

If you qualify for deferred sentencing for a drug crime and complete the court-ordered program, your conviction will not appear on your permanent record.

Section 7411 applies only to certain crimes and can be invoked only once.

Drug Court Eligibility

Drug courts in Michigan are for non-violent offenders with addiction-related crimes. Individuals with a felony or criminal sexual assault conviction are ineligible. You must not have used or possessed a weapon during the commission of the crime.

Section 7411 Eligible Crimes

You must plead guilty (or have a guilty verdict) for first-time possession charges of the following:

Non-narcotic Schedule 1 or Schedule 2 drugs, such as GHB
Schedule 3, 4, or 5 drugs such as steroids or Vicodin
Less than 25 grams of Schedule 1 or Schedule 2 narcotic drugs, including heroin, Oxycodone, or cocaine
Ecstasy, methamphetamine, or marijuana

How Alternative Drug Sentencing Works

Led by a judge, your drug court team includes treatment providers, probation officers, prosecutors, defense attorneys, and case managers who are committed to your success.

Participation in every aspect of drug court is mandatory and may include:

Regular one-on-one meetings with a probation officer, case manager, and judge
Attendance at 12-step programs such as Narcotics Anonymous (NA) or Alcoholics Anonymous (AA)
Scheduled and random drug tests
Regular team meetings with other drug court participants
Fulfill other program requirements as needed

Incentives & Rewards

Alternative drug sentencing in Michigan is not easy. The program offers incentives for individuals who exhibit the determination to change their lives. Participants earn rewards for achieving such milestones as:

Being sober for a specific time (30 days, six months, etc.)
Enrolling or completing an education program, such as a GED class
Getting a job
Finding a place to live
Becoming a mentor
Completing a phase of the program

Behavioral Modifications

Just as there are incentives for your success, there are sanctions for non-compliance or violations.

Increased drug screens
Community service
Work alternative program
Increased court attendance
Electronic monitoring
Curfew
Extended time in the program
Brief incarceration

Drug Court Violations

Violations that might result in sanctions include:

Failure to appear at court hearings, drug tests, or case management meetings
Positive drug or alcohol test
Tampering or altering a drug or alcohol test
Failure to attend treatment or 12-step meeting

If you are arrested on new charges and convicted, you might not be eligible to return to drug court. In which case, you face the traditional penalties for your drug charges.

An Attorney Can Help with Alternative Sentencing

Facing drug charges on your own is not the best option. Few people have the knowledge or experience to fully exercise their legal rights before a judge and county prosecutor. While public defenders try to help, they are overworked and cannot devote the necessary time to craft a customized defense.

Our firm’s founding attorney, Maurice Davis, is a former prosecutor and public defender. He uses this insight and experience to fight for clients in Detroit and throughout Michigan.

Find The Best Way to Address Drug Charges

If you’re eligible for alternative drug sentencing or would benefit from resolving your case in drug court, The Davis Law Group will help evaluate the situation and facilitate the process. We’ll ensure you’re in the best program possible, manage your compliance, and do everything possible to protect you against the long-lasting damage of a drug conviction.

There may also be underlying issues with your case or opportunities to pursue a charge reduction, dismissal, or prove your innocence. When facing drug charges, you deserve a strong and dedicated defense attorney working for your interests.

Call the Davis Law Group Today

If you or a loved one is facing drug charges and interested in alternative sentencing programs, call the Davis Law Group at 313-818-3238 for a free and confidential case consultation. We are also available via our online contact form.