Defending Against Drug Charges
There are different ways to defend against drug charges. These include procedural and evidence errors. A Detroit drug lawyer builds the strongest defense possible.
Some defense strategies include proving:
- The substance in question wasn’t an illegal drug (misidentification)
- You lacked actual or constructive possession of the drugs
- The police obtained evidence during an illegal traffic stop
- The police conducted an unreasonable, warrantless search
- The police illegally seized your property
- The police arrested you without probable cause
- The police performed an unlawful canine search
- The police or federal agents performed illegal surveillance on you
The right defense for your case depends on the circumstances. It helps to have an attorney familiar with drug crimes and can scrutinize each part of your case. There are limits to what the police can do. If they violated your rights, a drug defense attorney could request that the court suppresses any illegally obtained evidence.
First-Time Drug Offense Deferral
If you’re facing a drug crime for the first time, talk with a lawyer. You have options, including one that may keep a drug crime off your record.
Michigan judges can choose to defer entering a guilty judgment.
This may be an option if you:
- Have a clean record (no priors)
- Have a non-violent, low-level drug offense
If you receive a deferral, the judge will dismiss the case after you complete all conditions of probation.
This option isn’t an easy way out. Probation can last years, and you may have to meet several conditions. You’ll have to pay court costs and supervisory fees. However, you’ll stay out of prison and will avoid having a criminal record.
How Davis Law Group Can Help
We start with a free initial consultation. This gives you the chance to meet a member of our team and ask a few questions about your case. If we become your lawyers, you will need to be as straight with us as we are with you.
A drug defense lawyer will:
- Independently investigate your case, including talking to witnesses
- Thoroughly evaluate the prosecution’s charges, arguments, and evidence
If we feel the prosecution has a weak case, we can file a motion to dismiss or for charges to be reduced or dropped.
Plea Bargain or Seek an Acquittal
It may be in your best interest to accept a plea deal. You would plead guilty to lesser charges. We present the pros and cons of a plea bargain, but ultimately, it’s your choice. We want you to be prepared for whatever is ahead.
If you want to defend yourself at trial, that’s what we’ll do. You deserve your day in court. Either way, whether you go to trial or accept a plea, we’ll fight to reduce your jail time and minimize the other consequences.
When Can the Police Search You, Your Car, or House?
You’ve heard about the cops needing a search warrant. Unfortunately, there are a lot of exceptions to that rule.
There are several ways police officers may have the right to search you or your belongings without a warrant or your permission:
- If you’re arrested, police can search your person to see if you have any weapons. They also can perform a “stop and frisk.” This search occurs when officers believe that they have reasonable suspicion of criminal activity. You are stopped and frisked for a weapon.
- If the police pulled you over for a DUI or drugged driving, they might search your car. The automobile exception is broad, and they may search with probable cause. However, a lawyer knows that there are limits to when and how police can search your vehicle.
- If there’s evidence of a crime in plain sight, such as drugs, the police do not need the warrant to search you or your car.
- If police chase you into a building or an emergency, police can search you without a warrant.
Sometimes the police will ask for your permission to search your home or car. They may insinuate that you look guilty if you refuse. Refuse anyway. You should never agree to let an officer or agent search you, your vehicle, or your home if they ask. They may try to bully you or pressure you to say yes. Politely and calmly say no.
If the police searched you, your vehicle, home, or office, call Davis Law Group right away. A search and seizure attorney will carefully review the facts and determine if the police violated your rights.
Drug Charges We Handle
We are here to defend you against any misdemeanor or felony drug charge in Michigan. Call us right away to set up your free, confidential consultation.
- Use of a Controlled Substance: When you’re arrested for using an illegal drug, you face a misdemeanor crime. The penalty depends on whether it’s a Schedule I, II, III, IV, or V drug. The lower the schedule, the harsher the punishment.
- Use of Marijuana: Recreational marijuana is legal in Michigan, but there are still rules. You must be at least 21 years old and can only imbibe in private. You can possess two-and-a-half ounces of cannabis or 15 grams of concentrates or more if you grow at home. Breaking the rules is a citation or civil infraction and a fine.
- Possession of a Controlled Substance: Don’t confuse this charge with Use of a Controlled Substance. Possession can be a misdemeanor or felony, depending on the schedule and amount of the drug. The most lenient offense is possession of a Schedule V drug, punishable by up to one year in jail and fines up to $2,000. Penalties increase to life in prison for 1,000 grams or more for Schedule I or II narcotics.
- Possession of Marijuana: Michigan law tightly regulates recreational and medical marijuana, and some local jurisdictions have banned it altogether. If you possess more than the law allows, you face a civil infraction or a misdemeanor.
- Drug Trafficking: Drug trafficking includes manufacturing, creating, delivering, or possessing with the intent to manufacture, create, or deliver a drug. Trafficking is always a felony, although the potential penalty depends on the schedule and amount of the drug. If your case involves a large number of drugs or crossing state lines or U.S. borders, you could face federal charges.
- Marijuana Cultivation, Sale, and Possession With Intent: Growing, selling, or distributing cannabis are tightly regulated activities. If your actions are outside what’s allowed for personal use and without a license, you could face a felony. It is a civil infraction if you gift a small amount to another person.
- Counterfeit Drugs: Crimes involving counterfeit prescription drugs, synthetic drugs (controlled substance analogs), and imitation controlled substances can be felony offenses. You could spend years in prison if you’re arrested for possessing, manufacturing, or trafficking these drugs.
- Prescription Drug Charges: If you are found with a single prescription form that is not yours, it’s a misdemeanor. You risk harsher charges if you’re found with counterfeit prescription drugs, a medical provider’s prescription pad, or a fraudulent prescription pad.
