Protecting Your Freedom.
Convictions for drug crimes often lead to lengthy prison sentences and other significant penalties. Michigan has a high rate of arrests and charges arising out of the manufacturing, possession, and distribution of controlled substances, and many people charged with drug offenses worry that they will be unable to avoid guilty verdicts. Just because someone is accused of drug crimes does not mean that they will be convicted, and there are often numerous defenses that they can assert to seek a favorable outcome. If you are faced with drug charges, it is critical to speak to a knowledgeable Detroit drug crime lawyer as soon as possible. Ellen K. Michaels can inform you about your potential defenses and develop a strategy to help you fight to protect your liberties. She represents people in Macomb, Oakland, Wayne, and Monroe Counties, and throughout the Detroit metro area.Drug Crimes Under Michigan Law
In Michigan, controlled substances are classified into five schedules based on their potential for abuse, the risk to public health, side effects, and other factors. Drug offenses range from misdemeanors to felonies, and numerous acts can result in criminal charges. Typically, the charge imposed depends on the alleged behavior in which the defendant engaged and the type and amount of the drug in question. For example, the law prohibits people from intentionally or knowingly possessing controlled substances unless authorized by law. A person arrested for possession of marijuana can be charged with a misdemeanor and may face up to a year in prison and a fine of up to $2,000 if convicted. However, people charged with possession of schedule 1 or 2 drugs that are narcotics, however, are typically charged with felonies. They should immediately consult a drug crime attorney in the Detroit area. The penalties imposed on people convicted of possession of schedule 1 or 2 narcotics range from life imprisonment and a fine of up to $1,000,000 for 1,000 grams or more, to four years in prison and a fine of up to $25,000 for 25 grams or less.
Michigan also bars people from knowingly or intentionally manufacturing or delivering controlled substances unless permitted by law. Similar to possession crimes, a person convicted of manufacturing, distributing, or possessing with the intent to distribute a schedule 1 or 2 narcotic may face up to life imprisonment and a fine of $1,000,000. People accused of manufacturing or distributing marijuana for recreational use can also be charged with felony offenses, with penalties ranging from 15 years of imprisonment and fines of up to $10,000,000 to four years of imprisonment and fines of $20,000, depending upon the amount of marijuana in their possession.Potential Defenses to Drug Charges
The defenses applicable for those facing drug charges will vary depending on the facts of the case. A Detroit drug crime attorney will need to investigate the events leading to the arrest before developing a defense strategy. For example, outside exigent circumstances, the police generally must possess a warrant prior to conducting a search. If a search that led to drug charges was conducted without a valid warrant or exceeded the scope of a warrant, the defendant may be able to argue that the search violated their Fourth Amendment right against unreasonable searches and seizures, and any evidence found during the search should be inadmissible. Furthermore, the State must prove that the defendant acted knowingly or with intent. As a result, if the prosecution cannot establish the defendant’s state of mind at the time that the alleged criminal acts were committed, the defendant should be deemed not guilty.Speak to an Experienced Criminal Defense Lawyer
A wide variety of conduct can result in drug charges, and convictions for drug crimes can have lifelong consequences. If you are accused of a drug offense, it is advisable to speak to an attorney regarding your rights. Ellen K. Michaels has the skills and experience needed to help you seek a successful outcome, and if you retain her services, she will advocate aggressively on your behalf. Attorney Michaels has offices in Detroit, Ann Arbor, Bloomfield Hills, and West Bloomfield, and she frequently defends people charged with drug crimes in Macomb, Wayne, Oakland, and Monroe Counties, and throughout Southeast Michigan. You can contact Attorney Michaels to schedule a free consultation with a drug crime lawyer in the Detroit area at (248) 202-3345 or by using the online form.