Addington. Charges of possession of a narcotic or cocaine less than 25 grams and possession of analogues were dismissed. Related cases include things like obtaining, or attempting to obtain the medication by fraud. I can help with this, and it will have a huge payoff for the better outcome of your case. Its as if the whole thing never happened. A significant portion of heroin users will inform a Court that their drug problem started with the use of Analogues. Ask to set up a free consultation with trial attorney Scott Grabel, and benefit from over a decade of criminal defense knowledge. Drugs that are considered dangerous or highly addictive are classified as felonies. possession of analogues, possession of Xanax, possession of Adderall, possession of fentanyl and possession of cocaine. The Michigan law, which is found at MCL 333.7411, also known as "7411", applies only to persons charged with "use" or "possession" of marijuana or drugs. The next order of business is to scrutinize the search or the discovery of the drugs. Not only did they got one, but two domestic violence charges completely dropped. 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 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. Unless the drug charges get dropped or our clients are found not guilty at trial, it is especially important to start counseling right away. 4. 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. The contact form sends information by non-encrypted email, which is not secure. I thank you so much for all your help and would be so happy to give your name to anyone who needs to get their license back. In Michigan, crimes that may be considered high court misdemeanors include: Indecent exposure Negligent homicide by vehicle Resisting and obstructing arrest Possession of analogues (drugs such as Vicodin and Oxycontin) Writing a bad check of more than $500 Lobbyists giving gifts A second or subsequent conviction of domestic assault Phillip Daniels. 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. (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. I had many obstacles to overcome, in the end I walked out with with my driving privileges reinstated. 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. Driving if one has never even applied for a license. Use of Analogues punishable by up to one year in jail with $1,000 in fines. However, a person need not have actual physical possession of a controlled substance to be guilty of possessing it. 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. the Michigan Department of State Police of the reporting agency's activities regarding forfeiture of property under the following sections of law: Public Health Code, MCL 333.7521-333.7533 (Controlled Substances); the Identity Theft Protection Act, MCL 445.79d; Revised Judicature Act of 1961; MCL 600.4701-600.4709 The Abdo Law Firm represented myself during one of my biggest times of need in my life. Possession of marijuana. We can help our clients find the best treatment programs out there! There may be chain of custody issues or problems with the lab analysis as well. If you're facing any felony charges, it's important to find a lawyer willing and able to fight for your future. The federal Drug Enforcement Agency (DEA) has been given the authority to immediately issue a ruling for certain analogues to become illegal. 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. Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation or contact us with a private message. 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 following situations are not eligible for 7411: . I have handled cases where the pills were in an unlabeled bottle, but the person was thereafter able to produce a valid prescription covering the time period within which the pills were found, and have thus been able to get the charges dismissed. In addition, it is not a defense to produce a third persons prescription since you only have the right to possess your own medications! MCL 333. There is no typical profile of the people of who find themselves facing this charge, just typical scenarios of how they got there. In Michigan, there are several progressive laws on the books that enable a person to get a misdemeanor or felony criminal charge dismissed. Possession of Analogues is what's technically called a "High Court Misdemeanor," meaning it carries up to 2 years in Jail. Five Stars! (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. Under Michigan law, use of analogue is only a misdemeanor charge. 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. Possession of Analogues (Designer Drugs) by Jared Austin on Nov. 25, 2013. The record is non-public and is sealed after the case is dismissed. Many people have never even heard the term Analogues until they a charged with a crime involving them. Possession of analogues or analog drugs are those which have a remarkably similar chemical nature to other illicit or illegal drugs such as deadly heroin. The following are well established exceptions to the search warrant requirement: Many searches that are claimed to be based upon consent or that are in plain view are spurious at best and subject to scrutiny. 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. Our results attest to our great reputation as one of Michigans top criminal defense firms, and our work in thousands of past cases statewide has allowed clients to avoid wrongful conviction or unnecessary jail time and fines. If there are no prior drug convictions, your drivers license may be suspended for six months. The common scenario on how someone gets charged with this offense is when they have been given somebody elses lawfully prescribed pain medication to help them deal with their back pain or whatever. 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!!! Under federal law, possession of a firearm or ammunition is punishable by up to 10 years in prison. He gave me reassurance that I had nothing to worry about. Payment plans and all credit cards accepted. 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. We have a successful track record of getting our clients into drug courts and rehab that allow them to break the habit and stay out of jail. If you have been charged with a drug possession offense, you now know that possession of any drug except Marijuana is a felony. If you have been charged with possession of an analog drug with intent to distribute call an experienced Drug Possession Lawyer in Michigan at 1-800-342-7896. You may believe that because the drug isn't actually heroin, cocaine, methamphetamine or other drugs frequently involved in criminal activity that it is no big deal. Therefore, schedule I drugs have the highest potential for abuse and for severe psychological and/or physical dependence. The contact form sends information by non-encrypted email, which is not secure. These laws were created in response to state and federal laws that only regulated illicit drugs. Typically, a person is found in possession of some pills for which they did not have a valid prescription. It is an opiate, meaning its narcotic-like effects are similar to the whole family of drugs that are produced from opium, including morphine and heroin. Many designer drugs can pass through drug a screening test, which creates a problem for Michigan police, parole officers, and drug enforcement teams. If you are found guilty of not only possession, but possession with intent to sell, manufacture, distribute or deliver analogue drugs, penalties grow substantially more serious. 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). Under past state drug laws, only actual listed drugs were considered illegal, making these designer drugs ideal. I had the opportunity to meet and work with multiple lawyers in the practice all of which showcased a vast knowledge and understanding of the inner workings of the legal system. Thank you Abdo law!!!! This provision applies to youthful offenders age 18 but before age 26. Grosse Pointe, Sterling Heights, Oakland County, Pontiac, Troy, Auburn Hills, Madison Heights, Wayne County, Detroit, Plymouth, Highland Park, and Romulus. Analogue possession is a felony offense, which means the penalties are more severe for those convicted. 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. Information about this arrest can be found below. Surprising, many of our clients can verify a past medical condition or prior prescription. The Dec. 3 incident involved an incident near the intersection of Nelson Road and U.S. 10 in the City of Ludington. Schedule III: Drugs with a moderate to low potential for physical and psychological dependence. 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). The majority of overdose deaths involve opioids. There are several ways that we can get a drug crime under control. 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. Matt and his staffturned a terrible situation in my life into a positive life learning experience. Some examples are: heroin, lysergic acid diethylamide (LSD), ecstasy and peyote. Of course, part of this deal is that you will be placed on probation, and drug testing will be required as part of that probation. 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. You cant be convicted of a drug crime if you did not have possession. If you have prior felony convictions, or prior drug convictions there will be enhanced penalties which will increase the amount of incarceration a person will face. In the state of Michigan, analogue drug use is considered a misdemeanor offense, which is typically less serious than a felony offense. . Analogue drugs include the following: Vicodin, Xanax, Adderall, Percocet, Valium and oxycontin. Booking Date 2/27/2023 12:59 AM Race White Gender Female Age 32 CHARGES: (M) POSS CDS 1 1ST >14 GRAMS MARIJUANA, TETRAHYDROCANNABINOL OR CHEMICAL DERIVATIVES THEREOF 2/27/2023 1:08 AM (F) POSSESSION OF CDS 2 Analogue (or Analog) drugs are often called designer drugs, and mimic the chemical structure of illegal narcotics. 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. Call Abdo Law for Free Confidential Consultation to get your life back on track. The abuse rate is a major factor in the scheduling of the drug. We have found that being proactive with a substance abuse treatment plan can help save a life and have a positive impact on the final disposition of a criminal drug case. 333.74032b1 controlled substance - possession of methamphetamin/ecstacy felony drugs (preceding 7 years) 333.74032b-a controlled substance - possession/analogues felony drugs (preceding 7 years) 333.74032b-b controlled substance - possession (substance added to schedules 1, 2, 3, or 4 by rule). Call us at 8667NoJail or 866-766-5245 today to start getting help!. Do not face a felony charge for possession of analogues without having Shawn by your side! Arrested by Mason County Sheriff's Office. Schedule V drugs are generally used for antidiarrheal, antitussive, and analgesic purposes. Analogue drugs are drugs that arechemically similar to illegal narcotic drugs but are available with a valid prescription. This latter remains the character's archetype to . Possession of Analogues Drugs is Serious Crime In Michigan! We specialize in representing clients charged with all types of drug crimes, such as these: Possession of drugs, narcotics, or any controlled substance. The conditions of probation may include random drug testing and substance abuse counseling. Possession does not require ownership. There are enhanced sentences for each subsequent offense as well as for delivering to a minor or delivering within a certain distance of a school, house, bus, park, or church. Analogues appeal to those that can no longer get a legal prescription filled and/or have an addiction. Our criminal defense strategies have been proven in counties statewide, and we will apply our dynamic and effective tactics to your fight for justice. He was arraigned on felony charges that included count 1: controlled substance - possession of analogues . Daniel Hilf. If a person enters any sort of plea deal regarding drug charges, they will be ordered to rehab or treatment anyways. The Courts will look favorably upon those who engage the services of a substance abuse counselor before being ordered to do so. The DEA can also issue immediate rulings on designer drugs, allowing states to outlaw possession and use as soon as the substance is ruled illegal. In 2018, Vermont became the first state to legalize marijuana for adult use through the legislative process (rather than a ballot initiative.) 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. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. The incident occurred July 9, 2020, in Dowagiac. Similar crimes involve obtaining medicine without a prescription or prescription fraud. Analog or analogue drugs are those, which are chemically similar to other illegal or illicit narcotic drugs or substances, such as heroin. This is very fact specific and depends heavily on the totality of the circumstances surrounding the encounter. Just about any drug crime can be managed if the offender does not have a serious criminal record and gets help for the underlying drug problem. 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. We will protect your rights and fight back against aggressive drug crime enforcement teams. Locatedin Troy, MI. However, if our clients fail probation, they will end up having a criminal record. Analogue drugs or designer drugs copy the chemical structure of illegal drugs such as cocaine, heroin, or codeine. occurred in certain areas such as in close proximity to a school, church, park, or business. The initial contact with the defendant is crucial because the police must have certain criteria for initiating contact with someone. Driving while one's license is suspended (DWLS), 2. Possession of Analogues Analogue drugs are drugs that are chemically similar to illegal narcotic drugs but are available with a valid prescription. Other designer drugs, such as a-methylfentanyl, methedrone, and benzylbutylbarbiturate are also considered similar to illegal narcotics and are therefore illegal in Michigan. 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. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Even if that is true, it is still no legal defense to being in possession of these pills that they were not prescribed. Additionally, police and prosecutors often zealously pursue those found in possession and attempt to prove the individual intended to manufacture, distribute, sell, or deliver the drugs, particularly when the amount possessed is substantial. Scott was with us every step of the way. Contact Oakland County Marijuana Possession Lawyer Jeffrey Randa, How to get the best Results in your Indecent Exposure Case, Unsurpassed help for your Indecent Exposure Charges, Embezzlement and the Misbehaving Employer, Arraignment, Bail/Bond, Preliminary Exam, Pre-Trial, Trial and Sentencing, Felonies and Misdemeanors: Pt. But are available with a drug crime if you did not have a valid prescription were dismissed and his a. The contact form, text message, or codeine life into a positive life learning.... Is found in possession of cocaine have possession analysis as well get your life back on track in certain such. Suspended for six months in a contact form sends information by non-encrypted,. 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