Vermont's law went into effect July 1, 2018. According to WCCO, Davis has been booked on recommended charges of attempted distribution of a drug analogue, possession with intent to distribute fentanyl and illegal possession of a firearm as a . Other designer drugs, such as a-methylfentanyl, methedrone, and benzylbutylbarbiturate are also considered similar to illegal narcotics and are therefore illegal in Michigan. 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. Unless the drug charges get dropped or our clients are found not guilty at trial, it is especially important to start counseling right away. 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. More information can be found in Title 21 United States Code (USC) Controlled Substances Act. The contact form sends information by non-encrypted email, which is not secure. We specialize in representing clients charged with all types of drug crimes, such as these: Possession of drugs, narcotics, or any controlled substance. Analogue drugs include the following: Vicodin, Xanax, Adderall, Percocet, Valium and oxycontin. A possession of a controlled substance charge is either a misdemeanor or a felony in Michigan. What analog means? MAPS is used to track controlled substances, schedules 2-5 drugs. Information about this arrest can be found below. Once probation is successfully completed, our clients never have to worry about that charge being on their record. Also, many do not realize that analogues can be just as strong and even stronger than the illicit drugs they imitate. Analogue drugs or designer drugs copy the chemical structure of illegal drugs such as cocaine, heroin, or codeine. Drivers licenses can be suspended for drug convictions even if you were not driving at the time the offense was committed. Construction possession is another way that you can possess something and be found guilty of a crime. He was arraigned Monday at 89th District Court on charges of possession of methamphetamine, possession of analogues, reckless driving, and operating while intoxicated. 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. Matt and his staffturned a terrible situation in my life into a positive life learning experience. It also determines what legal rules and Constitutional standards apply. For example, consider the following inquiries that we have seen used by the police to get a party to consent: There are many factors that may make a consent search illegal which include consent searches made when a person is handcuffed, under the influence, or a consent search that is coerced or involuntary. Satisfied Client, 2 Separate Assault Charges DISMISSED. Penalties for being in possession of an analogue include imprisonment of up to two years, fines and costs of up to $2,000, or both. 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 A person is now facing up to 15 years in prison and a fine of up to $250,000 or both! Do not hesitate to consult with our Macomb County drug crime lawyers for immediate answers to your most pressing questions and a same day appointment or jail visit if necessary. The contact form sends information by non-encrypted email, which is not secure. 7403 provides that a violation of this section as to a controlled substance classified as an analogue is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both. 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 record is non-public and is sealed after the case is dismissed. Analogues cases, like DUI cases, cut across every social and socio-economic rank. We will explore all of the options, advise you of the legal process, answer your questions, and use all of our skill, knowledge, and experience to obtain positive results in your case. 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. Many analogues can be obtained through a prescription, and whether you were given pills by a friend for pain management, or continued to use an analogue after the prescription ran out, you could face serious criminal penalties. Free Emergency Consultation 24/7 Tap Here to Call Us ; . 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. Possession of cocaine, crack, heroin, or methamphetamine. However, a person need not have actual physical possession of a controlled substance to be guilty of possessing it. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Locatedin Troy, MI. As bad as these charges are when you are facing them, know that there is a silver lining found in this dark cloud you are dealing with right now. Contact Scott Grabel and our experienced team now for designer drug possession defense in any of Michigans 83 counties. This feeling is false and causes numerous people to face felony charges. Do not face a felony charge for possession of analogues without having Shawn by your side! 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. The penalties under Michigan law for possessing these drugs are extremely serious. Grabel and Associates will defend without prejudice of innocence or guilt. Buchholz was arrested on July 16, 2020 by Ludington Police Department. Lately, we are seeing several cases that involve illegal possession of Xanax and Adderall. 1 - Misdemeanors, Felonies and Misdemeanors: Pt. In 2018, Vermont became the first state to legalize marijuana for adult use through the legislative process (rather than a ballot initiative.) 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. 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. The drug crime involves use or possession. 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. Possession of analogues is a felony In Michigan, the offense of possession of analogues is a felony that can carry up to 2 years in prison and a fine of up to $2,000.00, or both. Call Abdo Law for Free Confidential Consultation to get your life back on track. 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. 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. Analogues are drugs that are available by a prescription such as Xanax and Vicodin. The Dec. 3 incident involved an incident near the intersection of Nelson Road and U.S. 10 in the City of Ludington. Michigan law also requires enhanced penalties if you are a habitual or repeat offender. These proactive measures will be used by our attorneys to advocate in the Courts on behalf of our 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. Driving while one's license is suspended (DWLS), 2. 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? Controlled substance analogues, also known as designer drugs, have chemical structures substantially similar to those of controlled substances in schedule I or II and have stimulant, depressant, or hallucinogenic effects on the central nervous system that are substantially similar to or greater than the stimulant, depressant, or hallucinogenic effects of controlled substances in schedule I or II (U.S. Code 21 USC 802(32)). Gus Oakland County Circuit Court convictions include third-degree fleeing and eluding police and driving on a suspended license in 2013, breaking and entering in 2006, and possession of analogues . Scott and his firm did an awesome job representing a family member of mine, I would highly recommend him and his firm! A significant portion of heroin users will inform a Court that their drug problem started with the use of Analogues. Due to the potential for addiction, abuse, or dependence, designer drugs are taken seriously by law enforcement. As experienced Michigan analogue drug attorneys, we know the serious consequences . He was given a $10,000 bond after his . Criminal . 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. Ask to set up a free consultation with trial attorney Scott Grabel, and benefit from over a decade of criminal defense knowledge. In addition, it is not a defense to produce a third persons prescription since you only have the right to possess your own medications! 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. The Judge consents to disposition pursuant to 7411. The penalties for possession of fentanyl are as follows: If the amount of fentanyl is 1,000 grams or more, the penalty is a felony conviction punishable by imprisonment for life or any term of years or a fine of not more than $1,000,000.00, or both. The big difference is that 1P does not succumb to the same regulations as LSD . If a person gets convicted of possession with intent to distribute, deliver, sell, or manufacture these drugs the penalties get serious. Scott Grabel was able to lead me through every step of the process with great communication the whole way. 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. The Center for Disease Control says that the drug overdose epidemic continues to worsen in the United States. 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. Schedule IV: Drugs with a low potential for abuse and low risk of dependence. It also helps to know the local judges and prosecutors very well. District court arraignments, posted Jan. 20, 2023 LUDINGTON The following were arraigned recently in Mason County's 79th District Court. Just wanted to thank you for winning my license appeal. A person with a prior drug crime or who has used in 7411 is not eligible for this deal. Search Code of Federal Regulations. Under federal law, possession of a firearm or ammunition is punishable by up to 10 years in prison. MCL 333. Possession of illegal drugs, including analogues and medications without a valid prescription, are all crimes that can be dismissed pursuant to MCL 333.7411. Contact our lawyers to find out if you are eligible to get your criminal charges reduced and get your case dismissed under MCL 333.7411. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Analogues appeal to those that can no longer get a legal prescription filled and/or have an addiction. Daniel Hilf is a top rated, award winning, lawyer with over 20 years of experience inside and outside the courtroom. We know there are alternative sentencing options and various defenses that work to keep our clients out of jail. Hermiz Law represents Criminal Defendants in Troy, and Metro-Detroit Michigan. Abdo law FOUGHT and got my DUI kicked out of court when my job was on line. I'm only 20 and in college and this will ruin my . Similar crimes involve obtaining medicine without a prescription or prescription fraud. 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!!! 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. 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. 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. Being in possession of these types of medications without a valid prescription is a serious drug crime. 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. 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. Grosse Pointe, Sterling Heights, Oakland County, Pontiac, Troy, Auburn Hills, Madison Heights, Wayne County, Detroit, Plymouth, Highland Park, and Romulus. No entry of guilt is entered unless 7411 status is terminated. Traffic Tickets Lawyer Serving Michigan. Caring and a true friend. 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. These laws were created in response to state Property that is found based upon a legal search can be used as evidence against the person in subsequent criminal proceedings. . CFR Title 50. Scott was with us every step of the way. Attorney Shawn Haff has handled successfully numerous drug cases and knows how to get his clients the best results possible. Aaron Alan Davis, 42, of Dowagiac, pleaded guilty to possession of analogues, impaired driving and disturbing the peace and was sentenced to 10 months' probation, credit for one day served and $1,575 in fines and costs. Five Stars! Vicodin, Valium, Oxycontin and other analog drugs are illegal to possess when the user does not have a valid prescription from a doctor. 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. If I am ever in need of an attorney in the future I will be calling Scott Grabel and will highly recommend him to anyone with a legal issue. Daniels was given a. If you have no prior drug record, then your situation just got a lot better. (248) 792-2590. 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). Driving after one's license has been revoked (DWLR), 3. Analogue drugs are chemically similar to illegal narcotics, and often have the same effects on users. It was a way to have the fun without the fear of going to jail. Read More We are available to our clients 24/7. If a person enters any sort of plea deal regarding drug charges, they will be ordered to rehab or treatment anyways. A person convicted of drug delivery or trafficking is not eligible for MCL 333.7411 unless the charge is reduced to possession. 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. Possession of marijuana. Phone: 586-412-5555. This is sort of a hybrid Crime, but the easiest way to understand Analogue Possession Cases is that they are low-level Felonies. 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. 7403. We can help! If you are accused of possessing a designer drug, contact our firm right away for aggressive criminal defense. 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. We have represented clients who simply gave some pills to a family member or friend who was in pain. 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 Offenders charged with possession of these any of these substances may be eligible for 7411, obtain probation, avoid incarceration, and get a dismissal. 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). If you are being charged with a crime, especially a felony, getting it dismissed will be our utmost priority. The Courts will look favorably upon those who engage the services of a substance abuse counselor before being ordered to do so. 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. 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. 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 penalties for drug possession crimes in Michigan are as follows: Methamphetamine or ecstasy: Felony, maximum penalty 10 years in prison, $15,000 fine. Felony representation is a serious matter with a clear goal on our end of getting the felony dismissed! Beyond keeping the drug crime off your record, you avoid most the penalties that go with it, including the drivers license suspension and the fees associated with that. Are You Emailing About a Criminal, License, or Traffic Matter? Pursuant to Michigan Public Health Code section 333.7403(1), A person shall not knowingly or intentionally possess a controlled substance, a controlled substance analogue, or a prescription form unless the controlled substance, controlled substance analogue, or prescription form was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of the practitioners professional practice, or except as otherwise authorized by this article.. 7411 may only be used once in a persons lifetime. Getting Retail Fraud Cases Dismissed in Macomb County! Never go to court without a lawyer because the judge, prosecutor and court clerks will not give you legal advice. I assume that its not much different all around the state, but I can only talk about the Detroit area. They handled my cases with ease and met my expectations far beyond what I anticipated. In Michigan, the offense of possession of analogues is a felony that can carry up to 2 years in prison and a fine of up to $2,000.00, or both. 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. 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 incident occurred July 9, 2020, in Dowagiac. 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. Possession of Analogues Drugs is Serious Crime In Michigan! In response, Congress passed the Controlled Substance Analogue Enforcement Act in 1986, which made the use, possession, and delivery/manufacture of analogue drugs illegal. The federal Drug Enforcement Agency (DEA) has been given the authority to immediately issue a ruling for certain analogues to become illegal. For example, the police may utilize carefully crafted questions and highly suggestive tactics to get a party to give consent. The Abdo Law Firm represented myself during one of my biggest times of need in my life. There is a section of Michigan law, known as 7411 (Click here for the official listing ) that allows a person with no prior drug record to work out a deal, in either a possession case, or one which can be reduced to possession, which keeps the entire case off their record. Some examples are: codeine, ketamine, anabolic steroids and testosterone. These laws were created in response to state and federal laws that only regulated illicit drugs. We serve the following localities: Macomb County, Clinton Township, Mount Clemens, Warren. Some examples are: heroin, lysergic acid diethylamide (LSD), ecstasy and peyote. Typically, a person is found in possession of some pills for which they did not have a valid prescription. 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. 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. Call for a Free & Confidential Consultation. Possession of Analogues (Prescription Drugs) Anyone in Michigan found in possession of analog drugs can face a felony drug charge with penalties including up to two years in prison and fines of up to $2,000. Users quickly found out that they could use designer drugs (analogues) which were similar enough in their chemical compound to give them a faux sensation. 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. As you can see, possession of analogues or any controlled substance case, is very complex with a lot of variables that factor into it. Analogue possession cases is that 1P does not succumb to the same regulations as LSD possession of analogues michigan Associates!, 2018 us every step of the way contact form longer get a legal filled. 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