Whether you’ve been charged with possession or delivery of a controlled substance such as cocaine, heroin, fentanyl, methamphetamine, or analogues of those, the criminal defense attorneys Mas/Stig-Nielsen is here to help. Drug cases—more so than any other case—can be won through pretrial suppression motions.
Call us now to discuss your case: (231) 714-4128
These cases nearly always involve a search and a seizure of some form of contraband: drugs, residue, scales, baggies, etc. It is always worth exploring if a defendant’s fourth amendment rights were violated by the police. Our Constitution protects your rights to be free from unreasonable searches and seizures particularly those that are conducted without a search warrant. The unlawful search and seizure of evidence can result in suppression if well-argued in court.
Drug cases, whether they involve simple possession or organized trafficking conspiracies, often present the issue of the defendant making incriminating statements to law enforcement. Often times suspects are not properly informed of their Constitutionally mandated Miranda warnings. Other times, police officers fail to heed the suspect’s invocation of their Fifth Amendment right to remain silent or their Sixth Amendment right to counsel.
Making a winning argument for suppression is extremely fact-specific. The location, the manner, time and context of the search or interview, set the tone as to whether or not you will prevail before a judge. It is important to research and present the caselaw that speaks to the unique situation of your case. Additionally, it is crucial to pinpoint the facts and link them to the caselaw that supports your case for why the police violated your rights.
We have prevailed on suppression motions across Northern Michigan and used our strong motion practice to secure favorable resolutions for our clients. One of the reasons we started our own firm was to have the ability to take on complicated drug cases presenting significant search, seizure and interrogation issues. If you think you have such issues in your case, let our team bring our superior research, motion writing and rhetorical skills to your defense.
What Are Drug Crime Penalties in Michigan?
The penalties for a drug conviction in Michigan are based on the drug, the amount of drugs involved, and what you were planning to do with it. Generally, if you are caught with a smaller amount of drugs that are for personal use – simple possession – the penalty will be much lighter than if you are found with a large quantity.
For example, if you are charged with possession of Xanax (a Schedule 4 drug), then you will be charged with a misdemeanor and sentenced to up to 1 year in jail. However, if you are arrested with a small amount of a Schedule 1 drug like ecstasy, then you could be charged with a felony and sentenced to up to 4 years in jail. If you have been charged with any type of drug crime, contact a drug defense lawyer in Traverse City, MI.
Will Multiple Drug Crime Convictions Hurt My Case?
Yes. If you are facing a first conviction for a drug offense, then alternative sentencing options may be available to you, such as substance abuse treatment. However, if you have prior drug convictions, then these alternatives typically are not available. You may also face enhanced charges as a “habitual offender.”
A prior conviction in any state in the U.S. may lead to a designation as a habitual offender under Michigan law. If you have multiple drug crime convictions, it is vital to contact a Traverse City drug charges lawyer as soon as possible.
What Is Considered Drug Trafficking in Michigan?
A prosecutor may bring drug trafficking charges if you are found in possession of a large amount of a controlled substance. Having a lot of drugs on you is typically viewed as evidence that you plan to sell or distribute them, rather than use them yourself. Depending on the amount and type of drug, you could be facing anywhere from 4 years to life in prison for a Michigan drug trafficking charge.
In this situation, you will need a tough drug trafficking lawyer who understands how to fight back against these types of charges. At Mas/Stig-Nielsen, we aggressively advocate for our clients, working to get them the best outcome. Give us a call to talk to a drug attorney in Traverse City.
Can I Be Charged with a DUI for Drugged Driving?
In Michigan, it is illegal to operate a motor vehicle while under the influence of alcohol and/or drugs. This includes driving with any amount of a Schedule 1 controlled substance in your system or driving while impaired by any other drug or combination of drugs and alcohol.
The penalties for driving while under the influence of drugs are stiff and may include up to 93 days in jail, community service, and a suspension of your license for a first offense. For each subsequent conviction, the penalties increase. If you are facing this or another crime related to drugs, contact a Traverse City drug crimes lawyer to schedule a consultation at (231) 714-4128. If you have lost your license due to a drug crime, or DUI, our license restoration lawyer may be able to help.