Michigan Drug Charges Lawyer

Drug Charge Attorneys in Lansing Serving All of Michigan

Aggressive Legal Defense for Drug Possession, Sale or Manufacturing

Our Michigan drug crimes defense attorneys aggressively represent clients accused of drug and narcotics charges throughout the state including Lansing, East Lansing, Grand Rapids, and Kalamazoo.  All drug charges are serious offenses and depending on the specific offense charged, they can carry some of the harshest penalties in the criminal justice system. Drug charges not only can put your freedom and liberty in jeopardy; they can also do damage to your reputation, cause you to lose your job, and suspend or severely restrict your driving privileges.

“With years of experience as a former prosecutor, David Clark and our law firm can provide expert legal defense for those charged with possession, sales, transportation, manufacturing or trafficking of narcotics.”

We Have The Answers To Your Drug Charge Related Questions

If I’m convicted, will I have to spend time in jail?

There are a number of factors which will determine if you will have to serve jail time.  The seriousness of the crime of what you are accused of, prior drug convictions, and the skill of your defense are the most crucial factors.  Michigan has very harsh penalties for drug crimes, but they are starting to realize that rehabilitation is a much more effective solution to overcrowded prisons.  If you are a first time offender accused of a misdemeanor offense, it’s very possible to get probation instead of jail time.  There is also alternative sentencing options including delayed sentencing and deferred sentencing.  For an exact answer to this question, it’s best to speak face to face with an experienced drug attorney who will take all the factors of your case into account.

What affect will a drug charge conviction have on my future?

A drug conviction on your record can negatively affect your future for a long period of time.  It could be more difficult finding a job because almost all employers have access to your criminal records.  In a competitive job market, it becomes very difficult to find good paying employment.  Another area that a drug conviction can affect is your living situation.  Most landlords run a criminal background check before approving your rental agreement.  If you plan on seeking additional education with a loan or you currently are receiving financial aid, you won’t likely be able to attain student loans in the future.  You must also be aware that a future drug conviction will have harsher penalties and fines since you will be considered a repeat offender.

Did the police search my car, house, or person legally?

If a police officer requests to search your car, house, or person, you should always politely refuse their request.  They will try to use bullying and intimidation tactics, but you and every other citizen in the United States has the right to refuse a search without a warrant.  The best thing you can do is to call our office immediately after refusing.  That being said, there are circumstances where the police do not need a warrant to make a search.  A police officer can claim “plain view/plain smell” if they can see or smell items that are related to drug usage.  If you have been arrest for drug possession in your vehicle, the police can tow your car to the police station.  When at the station, they can search your vehicle to see if other drugs are present.  If you have been pulled over for some type of traffic infraction or drunk driving, they can search your car for just about any reason.  It may not be fair, but they will most likely not need a warrant.  Police officers are also allowed to give people a wingspan search to ensure that you aren’t carrying a weapon.  They do not need a warrant to perform this search.

Will I still be able to drive if I am convicted of a drug charge?

In the State of Michigan, if you are convicted of a drug charge you will be faced with a suspension of your driving license.  Even if you were not driving when the police arrived, your driving license will still be suspended.  If this is your first drug conviction, your Michigan driver’s license will be suspended for 6 months.  You can attempt to receive a restricted license after only 30 days.  If this is not your first drug conviction and it falls within 7 years of a previous conviction, you will be given a suspension of a 1 year.  You can obtain a restricted license after 60 days.  Under both situations, obtaining your restricted driving license will cost $125 and possibly more depending on sanctions that might have been added to your sentencing.

The police are charging me with distribution when it was for my personal use.  How can they do that?

The difference between a possession charge and selling charge (possession w/ intent) is very important because selling charges carry much harsher jail times and fines.  A possession of Marijuana is usually a misdemeanor charge while possession of “harder” drugs such as heroin, cocaine, and methamphetamine carry a felony charge.  The state of Michigan has extremely harsh penalties for selling charges which are determined by the amount of drugs in your possession.  Even a possession w/ intent charge for marijuana can result in up to four years in jail as well as a fine up to $20,000.  As you can imagine, a selling charge of the “harder” drugs leaves you facing even harsher penalties.  You could be facing 25 years to life in prison along with fines between $25,000 and $1,000,000.  If the police are claiming you intended to distribute any drug, you need to take this very seriously.  The best thing you can do it to keep silent and contact a skilled drug attorney.  Don’t even give them your name or other details, make sure that your lawyer is present.  Do not be intimidated or bullied into saying ANYTHING.

Can the police take my possessions and keep it?

If the police feel that possessions of yours were purchased with proceeds of illegal drug activity, they do have the ability to confiscate them.  This can include your most valuable possessions including your home, vehicle, boat, camper, business, and bank account.  This controversial practice is called asset forfeiture and it is gaining popularity among police forces nationwide.  Initially, it was intended to punish only the largest of drug offenders, but it has become common in Michigan for all drug cases.  Not only can they keep your possessions, but they usually sell them away and get to keep most of the profits for themselves.  Now police officers will target those with valuable possessions instead of targeting the largest of drug offenders.  In some instances you are able to recover seized property because the police commonly make mistakes.  If the authorities are threatening to take your possessions, you must take immediate action.

Won’t asking for a drug crime lawyer make me look guilty?

This is a very common question people ask when they are surprised with a criminal drug charge.  The problem is that you already look guilty.  Law enforcement believes that you are guilty and they are the ones that really matter.  Prosecutors don’t bring criminal drug charges because of how they look.  They bring criminal charges because they believe they can get a conviction.  People who hire criminal defense lawyers don’t look guilty, they look smart.  The bottom line is that people who have skilled defense lawyers are harder to convict and less likely to be charged.  Do yourself a favor and hire an attorney right away to protect your rights.

What should I do if the police find my friends drugs while I’m driving?

Under Michigan Law, it is assumed that any property or possessions in your vehicle is the responsibly of the vehicle owner.  You may be charged for possession even though the drugs are not yours.  Although always a good idea, you should not make ANY statements to the officers at the scene under this scenario.  It’s very easy for them to twist your words and take them out of context.  If they believe that you knew there were drugs in the car, you will most likely be held responsible.  You have to remember, lots of people that are stopped by police use the “it’s not mine” excuse and you should not give them extra information that could link you to any drugs in someway.  Police officers are trained to seem friendly and appear that they will indeed help you in some way if you talk or admit to wrongdoing.  This is certainly not the case and they are not your friends.  If you are charged with drugged driving, The best thing you can do is to not talk with the police and call a skilled drug defense lawyer immediately.

• They ignored the Michigan search and seizure laws

  In Michigan drug crime cases, the collection of evidence gathered from a search or seizure play a critical role in the outcome of your case.  Police conduct unlawful searches and seizure more often than most people realize and this can work to your benefit.  If an illegal search is used to bring criminal charges against you, your lawyer might be able to suppress all of the evidence stemming from the unlawful search.  US citizens are protected from unreasonable search and seizure under the 4th amendment of the Constitution.  Authorities must have probable cause.  Probable cause can be in the form of a valid search warrant or a good reason to believe that a criminal act is taking place.

• They “set up” the accused suspect violating entrapment laws

  Entrapment is when a person commits a criminal act that he/she would have never committed and had absolutely no intention to commit if the authorities had not used deception.  Unfortunately, the entrapment defense is very difficult to prove.  Authorities can legally create an opportunity to commit a criminal act.  It becomes difficult to prove entrapment when trying to show that an individual took the opportunity given by the police of his/her own will.  Another factor at play is whether the accused is “predisposed” to committing a crime.  For example, it would be much easier to prove entrapment if the accused has never been involved in any type of drug activity.  Entrapment can occur at both the State and Federal level and is usually much easier to prove in State court.

• They use fake or bogus “confidential police informants”

  This is a tactic used quite frequently by law enforcement.  Confidential police informants supply details about suspected criminal acts to authorities without the consent of the people or organization which they are supplying details about.  There are essentially only 2 different types of informants.  The first type is a private citizen who witnessed the act.  The second type is someone who works for the police to provide information.  A private informant is usually much more trustworthy and reliable.  A police informant is inherently less reliable because they are looking for a “favor” in return for their testimony.  This could come in the form of payment, preferential treatment, or a reduced sentence.  Police and prosecutors routinely use unreliable informant information in their attempt to bring a criminal conviction.

• They doctor or completely lie when filling out your police report

  This mistake by the authorities is pretty self-explanatory.  When completing the police report, officers often exaggerate and even outright lie.  This is an attempt to make the case against you stronger and make it harder to avoid a conviction.  There are a number of things that can be done to prove the police report is inaccurate.  Our firm conducts a thorough investigation of your case and we are not afraid of hiring expert witnesses to dis-spell these lies.  As experienced trial attorneys, we are not afraid to take your case to court.  We will do whatever it takes to get the best result for YOU.

Contact Our Tough Drug Defense Attorneys For Your Tough Times

Don’t be fooled by the various questionable tactics of police officers.  They may seem like they are trying to help you, but their goal is get you talk and collect evidence that will be used against you later in court.  They are trained and very skilled at extracting information from frightened suspects along with using intimidation to gain your consent.

“Our tough and proven drug attorneys know the tactics that the police use and we will work with the police and prosecutors to get you the best result possible.  We can help you avoid jail time by negotiating plea agreements along with several other alternatives including drug counseling, probation, and home detention.”

When negotiations are ineffective, we will be fully prepared to take your case to trial unlike some other attorneys.  We take pride in our ability as trial lawyers to win tough cases in court.

Have you have been arrested, charged, or are under suspicion of a drug crime in Michigan?  We understand the fear and stress what you and your family are going through.  We have the experience, determination, and legal skills to attain the best possible outcome for your case.  When you contact our law firm, we will immediately put of 30 years of drug defense experience to work for you.  We have proven results including dismissals, not guilty verdicts at trial, and favorable plea bargains for our clients.  Make sure your rights are not being violated and get the aggressive tough defense you need and deserve. Call us today at (517) 347-6900 anytime for a free initial consultation.

Sources:

• https://mjieducation.mi.gov/documents/criminal-qrms/360-cs-penalty-table/file
• https://www.aclu.org/issues/criminal-law-reform/reforming-police-practices/asset-forfeiture-abuse