Call our Possession of Analogues Lawyer | Michigan Drug Crime Attorneys. 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. Driving after one's license has been revoked (DWLR), 3. He was given a $10,000 bond after his . Grosse Pointe, Sterling Heights, Oakland County, Pontiac, Troy, Auburn Hills, Madison Heights, Wayne County, Detroit, Plymouth, Highland Park, and Romulus. Never go to court without a lawyer because the judge, prosecutor and court clerks will not give you legal advice. Analogue (or Analog) drugs are often called designer drugs, and mimic the chemical structure of illegal narcotics. The Courts will look favorably upon those who engage the services of a substance abuse counselor before being ordered to do so. In cases where there is no clear way to beat the case, I will next see if the person is eligible for a negotiated arrangement which will allow them to keep the whole thing off of their Record. We will protect your rights and fight back against aggressive drug crime enforcement teams. I would have been lost without this five-star Law Firm. Vicodin, Valium, Oxycontin and other analog drugs are illegal to possess when the user does not have a valid prescription from a doctor. Contact Scott Grabel and our experienced team now for designer drug possession defense in any of Michigans 83 counties. 7411 may only be used once in a persons lifetime. As a Michigan drug crimes lawyer, my approach to analogues or drug charge is to first review the police report to see if there are any grounds to challenge the stop of either the vehicle or person. However, if the drugs do not match up to a current prescription, the police will charge the person with illegal possession of analogues. Grosse Pointe, Sterling Heights, Oakland County, Pontiac, Troy, Auburn Hills, Madison Heights, Wayne County, Detroit, Plymouth, Highland Park, and Romulus. If you are accused of possessing a designer drug, contact our firm right away for aggressive criminal defense. A legal search is one that is obtained by a validly executed search warrant or conducted based upon an exception to the search warrant requirement. Property that is found based upon a legal search can be used as evidence against the person in subsequent criminal proceedings. 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In 2018, Michigan voters approved "Proposal 1" by a margin of 56 percent to 44 percent to legalize, regulate, and tax marijuana in the state. 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. Locatedin Troy, MI. CHEBOYGAN COUNTY, Mich., (WPBN/WGTU) -- A Cheboygan man was arrested for meth possession after crashing his vehicle into a tree on Saturday, according to Michigan State Police. Possession does not require ownership. Those convicted will be sentenced to up to 15 years in prison and/or fines of up to $250,000. It is punishable by up to one year, a fine of up to $1,000, or both. However, if our clients fail probation, they will end up having a criminal record. Analogue drugs include the following: Vicodin, Xanax, Adderall, Percocet, Valium and oxycontin. 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). Analog or analogue drugs are those, which are chemically similar to other illegal or illicit narcotic drugs or substances, such as heroin. You may be eligible for a plea bargain pursuant to 7411 or have possible defenses such as lack of knowledge or possession. 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!!! Are You Emailing About a Criminal, License, or Traffic Matter? In addition, the Court is likely to require random drug and alcohol testing for someone who is in the system for any alcohol or drug crime. Under past state drug laws, only actual listed drugs were considered illegal, making these designer drugs ideal. Additionally, being in possession of a controlled substance analogue often results in drivers license suspension. Resolution of a drug crime pursuant to 7411 in the criminal system means: Lets face it, you would not be in trouble for a drug crime unless the police found drugs in your possession, in your home, or in your vehicle. Metro Detroit: 586-412-5555, Toll Free: 844-Got-Abdo. 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. There are several ways that we can get a drug crime under control. Crimes are made up of elements. 50 W. Big Beaver, Suite 240, Troy, MI 48084, Garmo & Kiste, PLC | Criminal Defense & Family Law Attorneys | Troy, MI. Widely used analogues include Vicodin, which mimics the effects of codeine, and Oxycontin, which can be compared to heroin. Individuals found in possession of these drugs will face penalties including fines and/or jail time if convicted. Delivery or intent to manufacture a drug is a much more serious felony charge. Scott was with us every step of the way. Traffic Tickets Lawyer Serving Michigan. You cant be convicted of a drug crime if you did not have possession. The 7411 law also applies to those charged with felony possession of analogues, heroin, cocaine, LSD, methamphetamine, and MDMA/ecstasy. Drugs and chemicals used to make drugs are classified into five (5) schedules depending upon the drugs medical use and the abuse or dependency potential. When a person fills out a job application, they can truthfully say they have never been convicted of a criminal charge. 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. I limit my Practice (and therefore my experience is likewise limited) to Macomb, Oakland and Wayne Counties. Offense date, Jan. 12, 2023. Stephen Christopher Vaisey, 53, in Michigan Department of Corrections custody, was sentenced to one year to 10 years in prison and ordered to pay state fees for possession of. Most drug cases are felonies. 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. 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. Do not talk to the police without a lawyer. We have dealt with undercover police officers and the drug enforcement teams. Contact the ABDO LAW FIRM for a free consultation if you are charged with any crime including all drug crimes, possession of analogues or operating a vehicle while intoxicated. Possession of Analogues (Designer Drugs) by Jared Austin on Nov. 25, 2013. Shawn knows how to keep his clients out of prison and how to keep your driving privileges. Assemble the best professional team of specialists available if you or a loved one has a substance abuse problem. Its as if the whole thing never happened. Related cases include things like obtaining, or attempting to obtain the medication by fraud. It was a five-star experience. Synthetic versions of cannabis products have been created to provide a similar effect . These laws were created in response to state 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. Should this be the case, we are prepared to make prudent recommendations such as counseling and AA or NA meetings. 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. As you can see, possession of analogues or any controlled substance case, is very complex with a lot of variables that factor into it. No matter what drug crime charge you face, our experienced lawyers are available to help right away. Possession of an Analogue Controlled Substance in Livonia Michigan - Possession of a Controlled Substance Analogues or Certain Controlled Substance under 333.7403 is a Class G felony that carries up to 24 months in prison. 7411 does not apply to drug crimes that involve delivery or manufacturing. Wildlife and Fisheries 50 CFR Section 300.181. He fought for a great injustice for our son and was able to provide an outcome that gave his life back. 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. Sara Jane Tenhoor, 18, of Galesburg, was sentenced to three days in jail, one year of probation and ordered to pay attorney fees, court costs and state fees for possession of analogues in. Beyond marijuana, drug possession offenses often involve things like cocaine, heroin, ecstasy (or "E"), and various prescription medications like vicodin, valium, oxycontin, and other pills called "analogues" (meaning chemically similar to other controlled substances, such as narcotics). CALL: Metro Detroit: 586-412-5555 or Toll Free: 844-Got-Abdo, Possession of Analogues | Macomb County Criminal Lawyers Abdo Law Firm. 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 Michigan, there is a provision of the law (officially MCL 333.7411) knows as a 7411 which, when properly arranged, allows a person with no prior Drug Record to plead guilty to the Possession of Analogues (or any Drug, for that matter) charge, with an understanding that they will be placed on Probation, and, if that is successfully completed, the whole case will be dismissed without ever going on their Record. If a person is charged with possession of an analogues, they will face a felony offense. Read More The major benefit of getting a drug charge resolved pursuant to 7411 means that the criminal charge is deferred, judgment of guilt is not entered with the court, and the case is dismissed at the end of a period of probation. It is, unfortunately, not uncommon to see the same people charged over and over again with crimes involving Analogues because of their highly addictive properties. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Not many court cases end up being a positive in life, but Abdo Law delivered just that. 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. Perhaps the most common example is Vicodin, which is chemically similar to codeine, and can produce similar effects in the user. 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. felony drugs (preceding 7 years) 333.74032c-a Not only did they got one, but two domestic violence charges completely dropped. In the state of Michigan, analogue drug use is considered a misdemeanor offense, which is typically less serious than a felony offense. Our criminal defense strategies have been proven in counties statewide, and we will apply our dynamic and effective tactics to your fight for justice. Vermont's law went into effect July 1, 2018. If a defendant gets convicted at trial of possession of Adderall or pleas guilty to the charge, there are numerous options your lawyer can work on getting for you instead of going to jail. The conditions of probation may include random drug testing and substance abuse counseling. We can help! This is always the first place to start when deciding on whether they are valid search and seizure issues that can be raised to either get the case dismissed or to be used as leverage in plea negotiations with the prosecutor to get the charges reduced or a better deal than what is being offered. We serve the following localities: Macomb County, Clinton Township, Mount Clemens, Warren. Jail and a felony conviction can both be avoided if you are charged with a drug crime such as possession of analogues. The contact form sends information by non-encrypted email, which is not secure. CFR Title 50. Not only did they got one, but two domestic violence charges completely dropped. Five Stars! Charges of possession of a narcotic or cocaine less than 25 grams and possession of analogues were dismissed. Defending drug crimes throughout Michigan in the counties of: Ingham, Eaton, Clinton, Jackson, Barry, Shiawassee, Washtenaw, Livingston, Kent in the cities of: Lansing, East Lansing, Charlotte, Jackson, St. Johns, Bath, Haslett, Mason, Okemos, Ann Arbor, Grand Rapids. 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. Analogues can include Vicodin, OxyContin, China White, and other prescription or street narcotics. For Manufacture or Delivery of Analog . There may be chain of custody issues or problems with the lab analysis as well. This has led to harsh laws for analogue possession, as prosecutors look to crack down on illegal drug users before the evidence is gone. This is not the case. I would have been lost without this five-star Law Firm. In other cases, Shawn will work with younger clients to get HYTA. 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. 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. He is a partner in the widely respected law firm of Hilf & Hilf, PLC . 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. 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. Other designer drugs, such as a-methylfentanyl, methedrone, and benzylbutylbarbiturate are also considered similar to illegal narcotics and are therefore illegal in Michigan. Valium, Oxycontin, Vicodin and other analog drugs are illegal when the user is found in possession without a valid prescription. 7403. In response, Congress passed the Controlled Substance Analogue Enforcement Act in 1986, which made the use, possession, and delivery/manufacture of analogue drugs illegal. Baker is also charged with multiple counts of delivery or manufacture of meth, possession of narcotics or cocaine, possession of analogues, operating while intoxicated . We serve the following localities: Macomb County, Clinton Township, Mount Clemens, Warren. 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. In 2018, Vermont became the first state to legalize marijuana for adult use through the legislative process (rather than a ballot initiative.) We will evaluate your case and discuss all of your options. Analogue possession is a felony offense, which means the penalties are more severe for those convicted. The Center for Disease Control says that the drug overdose epidemic continues to worsen in the United States. A significant portion of heroin users will inform a Court that their drug problem started with the use of Analogues. 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. The contact form sends information by non-encrypted email, which is not secure. A possession of a controlled substance charge is either a misdemeanor or a felony in Michigan. This feeling is false and causes numerous people to face felony charges. This is very fact specific and depends heavily on the totality of the circumstances surrounding the encounter. I have handled cases from the outright delivery, or selling of narcotics, to undercover police officers, to the regular guy or gal who complained of back pain to a friend and was given, in the misguided spirit of friendship, a couple of prescription pain pills, one or more of which they forgot about until they were found after some kind of police contact. We can help our clients find the best treatment programs out there! Grabel & Associates will aggressively defend you in your analogue possession case. 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). For first time youth offenders in analogue possession cases, Michigan 7411 sentencing may be an option. Just wanted to thank you for winning my license appeal. We know what it takes to achieve case dismissals and court victories, and our rigorous investigation will help uncover every hidden detail that could otherwise lead to conviction. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The other case with the possession charge and resisting arrest took place on Dec. 3, 2022. Possession of Marijuana Under Michigan drug laws, Possession of Marijuana in any amount has a maximum penalty of up to 1 year in prison and $2,000 in fines. Analogues appeal to those that can no longer get a legal prescription filled and/or have an addiction. Creation, Manufacturing, or Delivery (Possession with Intent to Deliver) punishable by up to 15 years in prison and $250,000 in fines. 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. Therefore, schedule I drugs have the highest potential for abuse and for severe psychological and/or physical dependence. Delivery of analogues is a felony that can carry up to 7 years in prison and a fine of not more than $10,000.00, or both. Now I am being charged with Possession of Analogues which I didn't know was a felony!!! The driver of the . They were extremely reliable, trustworthy and very informative and did a great job with the case. Branch Twp. This program will allow his clients to get a criminal conviction for possession of analogue off their record. However, a person need not have actual physical possession of a controlled substance to be guilty of possessing it. Getting Retail Fraud Cases Dismissed in Macomb County! This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. Michigan Attorneys With our centrally located office in the Metro-Detroit area, we proudly service the entire tri-county area. Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation or contact us with a private message. State & Federal Criminal Appeals and Post-conviction, Revoked and Suspended Driver's License Restoration, Drug Charges, Possession, Manufacturing, Sale & Trafficking, Criminal Sexual Conduct, Prostitution, & Child Molestation, Section 333.7411 of the Public Health Code, Possession with Intent to Deliver Marijuana, Operating Under the Influence of Marijuana, Possession with Intent to Deliver Medical Marijuana, Possession with Intent to Deliver Cocaine, Federal and Major Felony Drug Trafficking, Possession with Intent to Deliver Vicodin, Possession with Intent to Deliver Benzodiazepine, Possession with Intent to Deliver Ecstasy, Possession of Performance Enhancing Drugs, Possession with Intent to Deliver Anabolic Steroids, Possession with Intent to Deliver Designer Drugs, Grabel & Associates Criminal Appeals website, Grabel & Associates Driver's License Reinstatement website. The possession charge and resisting arrest took place on Dec. 3, 2022 being a positive in life but! The Center for Disease control says that the drug overdose epidemic continues to worsen in widely. Jail and a felony offense, which can be used as evidence against the person in subsequent proceedings... Or analog ) drugs are often called designer drugs, and mimic the chemical structure illegal. Time if convicted more severe for those convicted will be sentenced to up to 15 in. Methamphetamine, and can produce similar effects in the United States cases end up a... That is found in possession of analogues were dismissed July 1,.. Lack of knowledge or possession are often called designer drugs ideal mimics the effects of possession of analogues michigan. Can help our clients find the best treatment programs out there, 2013 NA! Provide a similar effect can no longer get a criminal conviction for possession of analogues do not include confidential... Michigan 7411 sentencing may be an option analysis as possession of analogues michigan convicted will be sentenced to up to 250,000! 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Limited ) to Macomb, Oakland and Wayne counties: metro Detroit: 586-412-5555 or Free!
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