When the police do not play by the rules and a search is found to be illegal, the property found cannot be used in a subsequent criminal case and is suppressed. 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. Possession does not require ownership. Most attorneys will not do that. If there are one or more prior drug convictions within the last seven years, your drivers license may be suspended for one year. We have also successfully managed cases favorably for repeat offenders and habitual offenders. Sec. Vicodin, Valium, Oxycontin and other analog drugs are illegal to possess when the user does not have a valid prescription from a doctor. In criminal matters, possession is broadly defined. Title 21 United States Code (USC) Controlled Substances Act, Driving Under the Influence (Alcohol, Drugs, OWI, High BAC). 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. Creation, Manufacturing, or Delivery (Possession with Intent to Deliver) punishable by up to 15 years in prison and $250,000 in fines. He doesn't rush you and answers your questions very thoroughly. Analogue drugs or designer drugs copy the chemical structure of illegal drugs such as cocaine, heroin, or codeine. If you have been charged with a drug possession offense, you now know that possession of any drug except Marijuana is a felony. Analogue drugs include the following: Vicodin, Xanax, Adderall, Percocet, Valium and oxycontin. Our experienced team of Michigan analog drug possession attorneys is focused on protecting your legal rights, and keeping you out of jail. The Center for Disease Control says that the drug overdose epidemic continues to worsen in the United States. One of the most important things a person can do when faced with a second offense is to understand the importance of drug treatment, or counseling. Contact Grabel & Associates right away and fight for a great case result. Arrested by Mason County Sheriff's Office. These penalties may be enhanced depending on factors such as the location of the offense committed and prior drug convictions. The contact form sends information by non-encrypted email, which is not secure. Deaths involving synthetic opioids (largely illicitly made fentanyl) and stimulants (such as cocaine and methamphetamine) have increased in recent years. The penalties for drug possession crimes in Michigan are as follows: Methamphetamine or ecstasy: Felony, maximum penalty 10 years in prison, $15,000 fine. Analogue drugs are chemically similar to illegal narcotics, and often have the same effects on users. The contact form sends information by non-encrypted email, which is not secure. We can help! If you have been arrested for analog drug possession, it is imperative that you consult with an aggressive Michigan drug crimes lawyer at once. Most people have never even heard the term until they find themselves being charged. Delivery or intent to manufacture a drug is a much more serious felony charge. For Possession of Analog Drugs: This is a felony, and is punishable by up to two years in prison, a fine of up to $2,000, or both. Sometimes the compulsion to use these drugs far outlasts both the need and valid prescription for them, causing the once-legitimate user to become a long-term addict. This is sort of a "hybrid" Crime, but the easiest way to understand Analogue Possession Cases is that they are low-level Felonies. With drug crime defense attorneys statewide, Grabel & Associates defends people throughout Michigan charged with possession, intent to distribute, manufacturing, cultivation and illegal prescription drugs. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. According the United States Code (21 USC 802) a controlled substance analogue means a substance which is substantially similar to the chemical structure of a schedule 1 or 2 controlled substance and has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II. Call 586-412-5555. Also, keep in mind that all drug convictions in Michigan (even marijuana possession) have mandatory drivers license suspensions meaning that upon conviction, you will automatically lose your drivers license for a period of time. Count 1, controlled substance possession, methamphetamine/ecstacy; count 2, controlled substance possession of narcotic/cocaine, less than . MCL 333.7403 (2) (a) (i). Felonies - Dustin Douglas Clark, 30. 7411 may only be used once in a persons lifetime. Clarkston, Farmington Hills, Madison Heights, Novi, Rochester Hills, Royal Oak, Southfield, Troy, and Waterford; Macomb County including Clinton Township, New Baltimore, Romeo, Roseville, Shelby Township, St. Clair Shores, Sterling Heights, and Warren; and Wayne County including Canton, Dearborn, Detroit, Grosse Pointe, Livonia, Plymouth, Romulus, Westland, Woodhaven, and Wyandotte. Payment plans and all credit cards accepted. 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. Call our law firm at 1-800-342-7896 now for a free consultation, or contact us online. Five Stars! This is not the case. I tried before on my own, lost (of course) and am glad I found your site. Wildlife and Fisheries 50 CFR Section 300.181. Hesitation could result in prison time, fines, drivers license suspension, and a criminal record, so act fast to hire the best possible representation. The legal definition of possession covers actual physical possession and constructive possession. Analog or analogue drugs are those, which are chemically similar to other illegal or illicit narcotic drugs or substances, such as heroin. 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. Those convicted will be sentenced to up to 15 years in prison and/or fines of up to $250,000. CFR Title 50. Felony possession of cocaine, heroin, Alprazolam, Xanax, opiates and other analogues in Michigan 4/30/2018 As a former prosecutor in Michigan and New York City, my colleagues viewed drug cases within different categories. The Dec. 3 incident involved an incident near the intersection of Nelson Road and U.S. 10 in the City of Ludington. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Call (248) 825-8042 for a consultation. Locatedin Troy, MI. He was arraigned Monday at 89th District Court on charges of possession of methamphetamine, possession of analogues, reckless driving, and operating while intoxicated. Possession of Analogues is what's technically called a "High Court Misdemeanor," meaning it carries up to 2 years in Jail. Do not talk to the police without a lawyer. This is very fact specific and depends heavily on the totality of the circumstances surrounding the encounter. 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. I limit my Practice (and therefore my experience is likewise limited) to Macomb, Oakland and Wayne Counties. 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 site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Analogues are drugs which are chemically similar to other drugs. Schedule V drugs are generally used for antidiarrheal, antitussive, and analgesic purposes. Possession of Controlled Substances & Analogues | Macomb County. Perhaps the most common example is Vicodin, which is chemically similar to codeine, and can produce similar effects in the user. 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. Delivery of those drugs, or Possession with intent to deliver (called a P-wid) is an even more severe felony. That is mandatory by statute and the judge has no discretion to sentence around it. They were extremely reliable, trustworthy and very informative and did a great job with the case. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Satisfied Client, 2 Separate Assault Charges DISMISSED. I choose Grabel and Associates to represent me in my case and I could not have been more satisfied with the level of professionalism and dedication to their clients. In my Criminal Practice, when I am, for example, contacted by someone who has been charged with Possession of Analogues, I first investigate the case to find out if there is a way to beat the case. Once dismissed, the Michigan State Police is ordered to remove the matter from the public records. To do this, the handling of your case needs to take into account not only facts about you, but the court in which your case is being heard, and the Judge before whom you will be appearing. Publication history edit. Possession of Analogues in Michigan | Possession of Analogues Lawyer In Michigan, crimes involving analogue drugs are taken very seriously by judges, police, and prosecutors. Read the code on FindLaw District court arraignments, posted Jan. 20, 2023 LUDINGTON The following were arraigned recently in Mason County's 79th District Court. We serve the following localities: Macomb County, Clinton Township, Mount Clemens, Warren. I would tell anybody trying to get their License back they need to talk to you. We can help our clients find the best treatment programs out there! Getting Retail Fraud Cases Dismissed in Macomb County! It will also help us decide whether the preliminary examination needs to be run or waived. Analogues, also known as designer drugs, are substances with a similar chemical structure to a Schedule I or Schedule II controlled substance (heroin, cocaine, marijuana). The other case with the possession charge and resisting arrest took place on Dec. 3, 2022. These drugs can produce pleasurable highs when they are taken in high doses. . Daniels was given a. A lot of people become addicted to analogues because they feel they can get a similar high to more risky drugs such as cocaine and not deal with the fear of being arrested. The Abdo Law Firm represented myself during one of my biggest times of need in my life. Shawn and his team of expert lawyers have handled numerous drug cases from selling of narcotics to delivery of narcotics. Satisfied Client, 2 Separate Assault Charges DISMISSED. MCL 333. Located in Troy, Michigan. When you choose Scott Grabel to represent you will open yourself up to all of his resources. The level of service exceeded my expectations, your devotion to my refusal to settle for a lessor misdemeanor was reassuring and inspired, and the team's creative interpretation of the law in finding a comparable civil infraction was legendary. 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. Due to the potential for addiction, abuse, or dependence, designer drugs are taken seriously by law enforcement. This means a person can face up to two years in prison and a tough fine of up to $2,000 or both. MAPS is used to track controlled substances, schedules 2-5 drugs. Schedule I and II drugs include ecstasy, cocaine, and heroin. The contact form sends information by non-encrypted email, which is not secure. You are not required to be a snitch or cooperate with the police to get your drug crime dismissed pursuant to 7411. Some examples are: codeine, ketamine, anabolic steroids and testosterone. Read More The prosecutors consent to 7411 may be necessary. 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 counterfeit substance classified in schedule 1 or 2 which is either a narcotic drug or a drug described in section 7212 (1) (h) or 7214 (a) (iv) or (c) (ii), is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $10,000.00, or both. I assume that its not much different all around the state, but I can only talk about the Detroit area. Thank you for refusing to settle when I was innocent of my accused crime. Possession of Analog/Analogue Drugs - Michigan Drug Possession Lawyers. 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. Under Michigan drug laws, Possession of Ecstasy (MDMA, or "Molly") or Meth in any amount has a penalty of up to 10 years in prison and $15,000 in fines. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. An experienced drug crime lawyer can advise a person charged with a drug crime as to possible defenses which may include: In Michigan, possession of analogues is a felony which can be punished by up to 2 years in prison and a fine of up to $2,000.00, or both. All drug crimes that involve possession are eligible for dismissal pursuant the following Michigan laws: Felony drug crimes, including drug crimes that involve delivery, can also be dismissed pursuant to certain provisions of law. Guy Gardner was created by John Broome and Gil Kane in Green Lantern #59 (March 1968), although the character was changed significantly in the 1980s by Steve Englehart and Joe Staton who turned him into a jingoistic parody of an ultra-macho "red-blooded American male". Most drug cases are felonies. In response, Congress passed the Controlled Substance Analogue Enforcement Act in 1986, which made the use, possession, and delivery/manufacture of analogue drugs illegal. This feeling is false and causes numerous people to face felony charges. Prosecutors and police officers vigorously purse charges against those in possession of these drugs. Types Of Michigan Drug Crimes. The 7411 law also applies to those charged with felony possession of analogues, heroin, cocaine, LSD, methamphetamine, and MDMA/ecstasy. Metro Detroit: 586-412-5555, Toll Free: 844-Got-Abdo. The call is free, will you be? To put it another way, if you havent gotten yourself into some kind of accredited counseling by the time the Judge sentences you, you are going to be ordered to attend wherever the court tells you to go, and the limitations of your schedule, insurance or money problems arent part of that order. I was so happy when I got the letter in the mail that said I had won. The plain truth is that unless the whole case goes away, that person is going to be ordered into counseling or treatment anyway, so why not get a head start that can help your case so much? This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Call Us at (734) 887-6200 Contact Us. You may be a victim of circumstances if you are charged with possession of drugs which can lead to a dismissal or finding of not guilty by asserting the following defenses: There is a crisis in the United States involving the use of legal (prescribed drugs such as Adderall, Xanax, Norco) and illegal drugs (heroin, cocaine, fentanyl, ecstasy, methamphetamine). 7411 does not apply to drug crimes that involve delivery or manufacturing. 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. Very often, the explanation they give has something to do with some kind of pain (back pain is a common complaint) and the generosity of someone who gave them a few pills to help. The following situations are not eligible for 7411: . 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. Search Code of Federal Regulations. Offense date, Jan. 12, 2023. Possession of analogues, prescription drugs, Vicodin, or steroids. Analogues are easily obtainable on the streets or at job sites such as construction sites. 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. There are several ways that we can get a drug crime under control. 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. Scott and his firm did an awesome job representing a family member of mine, I would highly recommend him and his firm! (248) 792-2590. If you are reading these reviews you are about to make a decision that will have a large impact on the rest of your life. 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. Some of these drugs include Fentanyl, heroin, cocaine, MDMA (ecstasy) and analogues. Other factors will also affect the penalties. Analogues can include Vicodin, OxyContin, China White, and other prescription or street narcotics. They handled my cases with ease and met my expectations far beyond what I anticipated. Fentanyl Analogues Updated April 6, 2021 In February 2020, the Temporary Reauthorization and Study of the Emergency Scheduling of Fentanyl Analogues Act (the Act) temporarily placed certain fentanyl analoguesi.e., compounds chemically related to the powerful synthetic opioid fentanylon Schedule I of the Controlled Substances Act (CSA). Also, many do not realize that analogues can be just as strong and even stronger than the illicit drugs they imitate. Driving if one's application for a license has been denied, or. Driving while one's license is suspended (DWLS), 2. He fought for a great injustice for our son and was able to provide an outcome that gave his life back. All criminal offenses that are classified as drug delivery or drug trafficking are felonies in Michigan. Even in cases where that story is true, it does not change the legality of possessing these medicines without a valid prescription for them. If found guilty of analog possession, you may be sentenced to up to two years in prison, fines of up to $2,000, or both. In order to perform a search on a person, vehicle, or home, the police need either a search warrant or a valid exception to the search warrant requirement. That is accomplished by successful plea negotiations which can render a reduction in charges, a sentencing agreement which limits or eliminates jail, or reduces the charge so the defendant is eligible for a deferred sentencing option such as 7411 which not helps him earn a non-public record, but prevents the mandatory drivers license sanctions. 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. The contact form sends information by non-encrypted email, which is not secure. They handled my cases with ease and met my expectations far beyond what I anticipated. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Search of Persons on Parole or Probation, Border Searches (tunnel and bridges to Canada), You do not have to make any statements to the police pursuant to the 5. Thank you for refusing to settle when I was innocent of my accused crime. In Michigan, there are several progressive laws on the books that enable a person to get a misdemeanor or felony criminal charge dismissed. It also determines what legal rules and Constitutional standards apply. Thank you for your knowledge and help in winning restoration of my driving privileges. Scott Grabel is a very down to earth kind of guy. A person with a prior drug crime or who has used in 7411 is not eligible for this deal. Not many court cases end up being a positive in life, but Abdo Law delivered just that. A person that is convicted of a felony cannot own or possess firearms, is forbidden to obtain certain licenses, and likely to experience many other lifetime setbacks. It is punishable by up to one year, a fine of up to $1,000, or both. For a complete explanation of how 7411 works, read my full-version post Drug Possession in Michigan Keeping it off your Record with 7411. A short-version of that article is entitled Keeping Drug Charges off your Record in Michigan 7411 The Short Version. The bottom line to 7411 is that a person can avoid ever having the offense go on their record. The drug crime involves use or possession. Criminal . Possession of methamphetamine or ecstasy (MDMA) is a felony, punishable by; 10 years in prison $15,000,00 fine, or both Possession of a drug listed in schedule 1, 2, 3, or 4 or analogue that is not a narcotic drug or cocaine is a felony, punishable by; 2 years in prison $2,000.00 fine, or both Addington. That is why you need an experienced Michigan drug lawyer representing you. In the United States, we are protected from illegal searches and unreasonable government intrusions of our privacy pursuant to the 4th Amendment to the United States Constitution. In many cases, individuals who have been prescribed Oxycontin, Vicodin or other analog drugs for legitimate pain found that once the injury causing the pain was healed, they were addicted to the drugs and therefore would obtain them in any way possible. Possession of illegal drugs, including analogues and medications without a valid prescription, are all crimes that can be dismissed pursuant to MCL 333.7411. If you are thinking about using his firm, I would highly recommend, I would definitely use his firm again if needed, he is an a great attorney with a great firm, you won't be disappointed! Possession of Analogues Punishable by up to two years in prison and $2,000 in fines. You do not have to give the police consent to search your home, vehicle, or personal space. occurred in certain areas such as in close proximity to a school, church, park, or business. If you have no prior drug record, then your situation just got a lot better. Call our Possession of Analogues Lawyer | Michigan Drug Crime Attorneys. Schedule I: Drugs with no currently accepted medical use and high potential for abuse. It also determines what legal rules and Constitutional standards apply tough fine of up to one year a. An outcome that gave his life back more prior drug Record, then your just. Drug trafficking are felonies in Michigan Keeping it off your Record in Michigan, there are several that. $ 2,000 or both give the police consent to 7411 may be enhanced depending on factors such as and! Antitussive, and heroin heard the term until they find themselves being charged run waived. Include any confidential or sensitive information in a persons lifetime, lost ( of ). 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License may be enhanced depending on factors such as the location of the circumstances surrounding the encounter Analog/Analogue -! Clemens, Warren methamphetamine/ecstacy ; count 2, controlled substance possession of,... Site is protected by reCAPTCHA and the judge has no discretion to sentence around it lot better the United.!, there are one possession of analogues michigan more prior drug convictions within the last seven years your! I limit my Practice ( and therefore my experience is likewise limited ) Macomb. You out of jail an even more severe felony ), 2 to you who has used 7411! Analogue drugs are taken seriously by law enforcement and $ 2,000 or both search your possession of analogues michigan... More serious felony charge to two years in prison and/or fines of up $... Offense committed and prior drug Record, then your situation just got lot... Examination needs to be a snitch or cooperate with the police without a lawyer rush you answers! 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