In this article, Ill be taking a short break from my ongoing series about License Restorations and will instead address an issue that is coming up more and more frequently in my Criminal Practice. Phone 586-412-5555. As bad as things may seem right now, there is always a silver lining to any cloud, and, to use one of my favorite phrases, with a little effort and hard work, things can be worked out to not be nearly as bad as they might seem. They handled my cases with ease and met my expectations far beyond what I anticipated. According to the Michigan Public Health Code, possession of an analogue drug could result in up to 2 years in prison, and a fine of up to $2,000. Delivery or intent to manufacture a drug is a much more serious felony charge. Something, such as drugs, can be within a persons control if it is inside a locked glovebox, a storage locker or in a personal dresser drawer. Deaths involving synthetic opioids (largely illicitly made fentanyl) and stimulants (such as cocaine and methamphetamine) have increased in recent years. That is, until the legislatures became aware of this attempt to out maneuver the system and passed laws against the designer drugs as well. When our clients have a prior drug conviction on their record, the focus goes to keeping our clients out of jail or prison and reducing the charges. Analogue drugs are drugs that arechemically similar to illegal narcotic drugs but are available with a valid prescription. You cant be convicted of a drug crime if you did not have possession. In addition, overdose deaths accelerated during the COVID-19 pandemic. Ask to set up a free consultation with trial attorney Scott Grabel, and benefit from over a decade of criminal defense knowledge. If the case is solid or cannot be dismissed, then the next phase is what I call mitigating the damage. We have also successfully managed cases favorably for repeat offenders and habitual offenders. When our clients have no prior drug convictions, Shawn will work hard to get the 7411-diversion program. 1 - Misdemeanors, Felonies and Misdemeanors: Pt. In the state of Michigan, analogue drug use is considered a misdemeanor offense, which is typically less serious than a felony offense. It seems there is an ever-increasing number of cases involving the Possession of, or attempt to acquire, Analogues. The Michigan statute found at MCL 333.7411 enables eligible offenders to get misdemeanor or felony drug crimes dismissed without jail and without going to trial. The penalties under Michigan law for possessing these drugs are extremely serious. The contact form sends information by non-encrypted email, which is not secure. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. They were extremely reliable, trustworthy and very informative and did a great job with the case. Traffic Tickets Lawyer Serving Michigan. There is no typical profile of the people of who find themselves facing this charge, just typical scenarios of how they got there. If you are accused of possessing a designer drug, contact our firm right away for aggressive criminal defense. Construction possession is another way that you can possess something and be found guilty of a crime. Free Consultation. Do not face a felony charge for possession of analogues without having Shawn by your side! Some of these drugs include Fentanyl, heroin, cocaine, MDMA (ecstasy) and analogues. Thank you Abdo law!!!! He fought for a great injustice for our son and was able to provide an outcome that gave his life back. Furthermore, felony convictions carry serious prison sentences and life-long collateral consequences. The NY Senate's prepared report on the threat of analogue drugs revealed that there were allegedly 6,000 residents of New York hospitalized in 2015 because of synthetic cannabinoids. The 7411 law also applies to those charged with felony possession of analogues, heroin, cocaine, LSD, methamphetamine, and MDMA/ecstasy. Five Stars! Read More Again, this is why I limit my practice to the same courts in Macomb, Oakland and Wayne County. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The major benefit of getting a drug charge resolved pursuant to 7411 means that the criminal charge is deferred, judgment of guilt is not entered with the court, and the case is dismissed at the end of a period of probation. They will turn over every stone to try to charge a person in possession of these drugs into distribution and manufacture charges which carry with it substantial prison time. In 2018, Vermont became the first state to legalize marijuana for adult use through the legislative process (rather than a ballot initiative.) The person applying for 7411 has never been convicted of any other drug crime. Driving if one's application for a license has been denied, or. Not only did they got one, but two domestic violence charges completely dropped. In Michigan, there are several progressive laws on the books that enable a person to get a misdemeanor or felony criminal charge dismissed. Daniels was given a. Daniel Hilf is a top rated, award winning, lawyer with over 20 years of experience inside and outside the courtroom. exceptions to the search warrant requirement, Michigan's prescription monitoring program, Airport Checkpoint & Border Crossing Crimes, Using a Computer or Internet to Commit a Crime, Credit and Debit Card Crimes, Financial Transaction Devices, Child Related Crimes: Pornography, Abuse, Contributing to Delinquency, First Offense Dismissals Without Trial, MCL 769.4a, Drug Crimes: Cooperation, Forfeiture of Assets, Possession of Drugs or Marijuana Crimes, 7411 Dismissals, Possession, Conspiracy, Aiding and Abetting, First Time Offenders, Dismissals and Avoidance of Convictions, Forgery Uttering and Publishing, Check Account Crimes, Home Invasion, Breaking and Entering, Burglary, Criminal Investigations, Interrogations, Crime Classifications, Larceny and Related Crimes, Receiving and Concealing Stolen Property, Other Criminal Law Specialties, Guide to Courts, Possession of Child Pornography, Child Sexually Abusive Activity, Probable Cause (Pre-Exam) Conference & Preliminary Examination, Representing Veterans and Veterans Treatment Court, Resisting, obstructing, assaulting, endangering police, Sex Crimes: He Said She Said, Polygraphs, Confessions, Solicitation of a Minor for Sex or Immoral Purposes. Vicodin, Valium, Oxycontin and other analog drugs are illegal to possess when the user does not have a valid prescription from a doctor. Call us toll-free today at 1-800-342-7896 for a free initial evaluation of your case or fill use our online contact form. He was arraigned Monday at 89th District Court on charges of possession of methamphetamine, possession of analogues, reckless driving, and operating while intoxicated. The driver of the . Most attorneys will not do that. Charges related to stolen prescription pads, fake prescriptions, phony call-ins where someone pretends to call a prescription in on behalf of a Doctor, and even the stealing of these medications from legitimate patients have likewise been on the rise. For Manufacture or Delivery of Analog . Possession of analogue drugs without a valid prescription is a felony in the State of Michigan. Need Michigan Defense Attorney for Possession of Analogues- Vicodin & Xanex Felony Charges In Macomb County, Shelby Township Michigan - Pulled Over By Shelby Police for Talking On Cell Phone!!! Of course, if you are innocent of the charges, we are happy to take our case to trial. Analogue drugs are chemically similar to illegal narcotics, and often have the same effects on users. Users wanted to experience the same effects of an illegal drug without being charged with a drug crime. Satisfied Client, 2 Separate Assault Charges DISMISSED. However, if you are convicted of using analog drugs you will face penalties which include up to one year in jail and/or fines of up to $1,000. The contact form sends information by non-encrypted email, which is not secure. The following situations are not eligible for 7411: . I wanted to thank you for taking my case. This means that they are never convicted of the offense, and when filling out a job application, can safely say that they have no convictions (at least as far as this case goes). At Grabel & Associates, our drug crimes defense law firm is widely known for achieving outstanding results on behalf of clients charged with drug offenses. In Michigan, the penalties for analog drugs are: For Use of Analog Drugs: This is a misdemeanor charge. Located in Troy, MI. Jacob Charles Addington, of 1119 Pine St., Muskegon, was found guilty Dec. 5, 2022 of two counts of forgery and was sentenced Feb. 27, 2023 to 14 days in jail with credit for 14 days served; two years . I couldn't be happier with the results that we received, I can't speak highly enough about the great job he did. Located in Troy, Michigan. A possession of a controlled substance charge is either a misdemeanor or a felony in Michigan. A person is in constructive possession of something that is within his or her control. Other people become addicted to designer drugs because they were suffering from an injury and used these drugs to help them cope with the severe pain they were feeling. With an expert lawyer by your side, you can make it through these charges and thrive. I would have been lost without this five-star Law Firm. Published By Jeffrey Randa and Associates, Drug Possession in Michigan Keeping it off your Record with 7411, Keeping Drug Charges off your Record in Michigan 7411 The Short Version, Driver's License Restoration - Out of State Issues, Indecent Exposure and Aggravated Indecent Exposure, Drunk Driving (DUI) in Michigan and the Importance of the Alcohol Screening Test, Dont call a Witness in a Michigan Drivers License Restoration Hearing, Michigan Drivers License Restoration and Clearance Appeal Hearings are Done Virtually. Analogues are drugs that are available by a prescription such as Xanax and Vicodin. Analogue drugs include the following: Vicodin, Xanax, Adderall, Percocet, Valium and oxycontin. I'm only 20 and in college and this will ruin my . It also determines what legal rules and Constitutional standards apply. All criminal offenses that are classified as drug delivery or drug trafficking are felonies in Michigan. February 25, 2023, at approximately 11:58 p.m. troopers from the Michigan State Police (MSP) Traverse City Post stopped a vehicle on Gonder Road near US-31 in Green Lake Township for a registration violation. Drug Crimes Dismissed Under 7411 | Macomb County Criminal Lawyers. New legislation cracks down hard on analogue drug use and possession, however, and it is crucial that you contact a lawyer as soon as possible if you are facing a drug crime charge. All of the following offenses are 7411 eligible: If you have prescription medications in your possession, law enforcement officers have access to Michigan's prescription monitoring program (MAPS). We have represented clients who simply gave some pills to a family member or friend who was in pain. Use of Analogues punishable by up to one year in jail with $1,000 in fines. According to the Michigan Public Health Code, possession of an analogue drug could result in up to 2 years in prison, and a fine of up to $2,000. If a person is charged with possession of an analogues, they will face a felony offense. Surprising, many of our clients can verify a past medical condition or prior prescription. Fortunately, there are ways to do this and there are also ways to get a drug charge dismissed under various provisions of law in every Michigan court: MCL 333.7411: This provision of law allows for one lifetime dismissal of a drug crime that involves possession or use, not delivery or trafficking. The issue of possession is an essential element of a drug crime. I should have done this a long time ago. GRAND RAPIDS, Mich. A woman's torso found in a Grand Rapids basement has led to felony charges against a man who lived at the home where Sunday's gruesome discovery was made. 1P-LSD is structurally almost identical to LSD, and, according to anecdotal reports, the nature of the effects of the two are highly comparable, save for 1P possibly being only about 38% as potent as LSD. Under past state drug laws, only actual listed drugs were considered illegal, making these designer drugs ideal. Other designer drugs, such as a-methylfentanyl, methedrone, and benzylbutylbarbiturate are also considered similar to illegal narcotics and are therefore illegal in Michigan. A $5,000 personal recognizance bond was set. If you get on this from the start, you can select a place that will see you as often, or as little as you need, and work with whatever you can or cannot pay. Beyond keeping the drug crime off your record, you avoid most the penalties that go with it, including the drivers license suspension and the fees associated with that. The Dec. 3 incident involved an incident near the intersection of Nelson Road and U.S. 10 in the City of Ludington. You may be eligible for a plea bargain pursuant to 7411 or have possible defenses such as lack of knowledge or possession. The other case with the possession charge and resisting arrest took place on Dec. 3, 2022. That is mandatory by statute and the judge has no discretion to sentence around it. 2 - Felonies, District and Circuit Courts, and What They Do, The Sentencing - It all Comes Down to This, DWLS and DWLR - Suspended and Revoked License Charges in Michigan, Other Criminal Offenses and How Things Work. This is not the case. Working with an attorney will help you fight back against drug crime conviction, and our lawyers have experience working in misdemeanor and felony criminal cases. At The Kronzek Firm, our drug defense attorneys have been defending clients facing drug charges for more than 25 years.We have attorneys on call 24/7 and offer free initial consultations. Possession of Marijuana Under Michigan drug laws, Possession of Marijuana in any amount has a maximum penalty of up to 1 year in prison and $2,000 in fines. Schedule V drugs are generally used for antidiarrheal, antitussive, and analgesic purposes. Scott Grabel was able to lead me through every step of the process with great communication the whole way. Beyond that, I help my clients explore their options for treatment based upon their needs, what kind of money they have (or, as is so often the case in todays economy, DONT have) and what kind of schedule they need. 42nd District Courts located in Romeo & New Baltimore: Drunk Driving, Retail Fraud and Domestic Violence, Everything You Want to Know About Pretrial Conferences & Probable Cause Conferences in Macomb County, Mere Presence at a place where drugs are present. (a) A person commits the crime of unlawful distribution of controlled substances if, except as otherwise authorized, he or she sells, furnishes, gives away, delivers, or distributes a controlled substance enumerated in Schedules I through V. (b) Unlawful distribution of controlled substances is a Class B felony. The legal definition of possession covers actual physical possession and constructive possession. No matter what drug crime charge you face, our experienced lawyers are available to help right away. Schedule I and II drugs include ecstasy, cocaine, and heroin. If you're facing any felony charges, it's important to find a lawyer willing and able to fight for your future. However, when a person is not eligible to utilize a special provision of law to get a dismissal of a felony, we can always fight to get a felony drug crime reduced to a misdemeanor. Analog or analogue drugs are those, which are chemically similar to other illegal or illicit narcotic drugs or substances, such as heroin. 7403 provides that a violation of this section as to a controlled substance classified as an analogue is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both. Delivery of analogues is a felony that can carry up to 7 years in prison and a fine of not more than $10,000.00, or both. The record is non-public and is sealed after the case is dismissed. Contact the ABDO LAW FIRM for a free consultation if you are charged with any crime including all drug crimes, possession of analogues or operating a vehicle while intoxicated.
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