As a society, we have come a long way towards the acceptance of some types of drug use – such as the legalization of marijuana in Michigan or the use of ketamine for treatment-resistant depression. Yet despite these strides, it is still illegal to manufacture, possess, or sell many drugs. A violation of these laws can lead to drug charges.
In Michigan, there are a range of potential drug crimes – from trafficking to drug possession to possession with intent to sell or deliver. If you are arrested on drug-related charges, the penalty will depend on the type of illegal substance, the amount, and what you were doing with it. Fortunately, there are a number of potential legal defenses to drug charges.
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.
What Are Drug Crimes?
Drug crimes is the broad term used to describe any criminal charge related to illicit substances. In Michigan, drugs are classified by schedules based on their alleged dangerousness and potential for addiction. A controlled substance may be in one of 5 categories:
- Schedule I: drugs in this category have no accepted medical purpose but a high potential for abuse, such as marijuana, LSA, ecstasy (MDMA), heroin, and mushrooms.
- Schedule II: this category includes drugs that are approved for medical use in the United States, but are still addictive such as oxycodone, methadone, cocaine, morphine, hydrocodone, and methamphetamines.
- Schedule III: drugs in this category have a legitimate medical purpose, but a potential for addiction, such as hydrocodone with acetaminophen or aspirin, anabolic steroids, and lower-potency morphine.
- Schedule IV: in this category are drugs that have a lower potential for abuse, such as Xanax and Valium.
- Schedule V: this category includes drugs that have a low potential for abuse, such as cough syrup with codeine, cold medicines with ephedrine, and many over-the-counter drugs.
These schedules are important because they are the basis of drug crimes charges. For example, if you possess multiple bottles of aspirin – which is not on the schedule of controlled substances – then you won’t be charged with a crime. But if you possess even a few pills of Xanax without a legitimate prescription, you could be charged with drug possession.
Drug crimes are also based on what you are doing with the substance. If you have a significant quantity of any controlled substance, then you could be charged with drug trafficking or possession with the intent to deliver or sell. You could also face charges for drug manufacturing if you “cook” meth or another substance. Possession of smaller amounts of controlled substances will likely lead to simple possession charges.
Even relatively minor drug offenses – like simple possession of a small amount of cocaine, for example – could still lead to serious consequences. Certain facts – like possessing drugs in a school zone, for example – could lead to enhanced penalties. If you have been charged with any type of drug offense, it is vital that you contact a Traverse City drug crimes lawyer as soon as possible.
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.
A drug crime conviction can result in prison time, fines, fees, and other penalties. It also carries collateral consequences such as the inability to secure federal student loans, the loss of public housing benefits, and difficulty obtaining a job. If you have been arrested for any type of drug crime, contact a Traverse City drug crimes attorney immediately to protect your rights.
Defending Against Drug Crime Charges
These cases nearly always involve a search and 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.
For example, consider a case where the police come to your house with a warrant because they believe that you may have stolen a bike. In executing the search warrant, they search places that couldn’t possibly hold a bike – like your nightstand drawer or the pockets of your jacket. If they find something and charge you with drug possession, your drug crime attorney could move to have the charges dismissed because law enforcement exceeded the scope of the search warrant.
Drug cases, whether they involve simple possession or organized trafficking conspiracies, often present the issue of the defendant making incriminating statements to law enforcement. Oftentimes 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 case law that speaks to the unique situation of your case. Additionally, it is crucial to pinpoint the facts and link them to the case law 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.
How Our Law Firm Can Help
A conviction for a drug crime can lead to serious consequences, including a lengthy prison sentence. If you have been charged with a criminal offense related to controlled substances, you don’t simply have to accept a plea deal or plead guilty. With skilled legal representation, you can fight back against drug charges – and potentially get the charges reduced or dismissed.
At Mas/Stig-Nielsen, we represent clients charged with all types of drug offenses. We have significant experience advocating for our clients at all stages of the criminal justice process, including taking cases to trial to protect our clients’ rights. To learn more or to schedule a consultation with a Traverse City drug crimes lawyer, call us at 231-714-4128 or fill out our online contact form.
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.
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 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.
Related: Drug Possession Lawyers
