Experienced Traverse City Drug Crimes Attorneys Who Explain Your Rights
Drug-related offenses in Michigan include the possession, sale, transportation or manufacture of any substance classified as a controlled substance. These substances are subject to regulations from both the state and federal governments. The category of drug and quantity of drug considered to be involved play an essential role in deciding the severity of the charge one could face.
Authorities in Michigan have committed noteworthy amounts of time and resources to pursuing drug crime cases. It’s essential to be aware that the people who are responsible for ruling on such cases will not take them lightly. Therefore, seeking advice from a lawyer at Williams & Associates prior to speaking with anyone else is highly recommended.
Drug Crime Examples
In Michigan, drug crimes are widespread and serious offenses that can carry severe penalties. Common drug crimes include possession of or possession with intent to distribute cocaine or crack, heroin, ecstasy or MDMA, fentanyl or drugs laced with fentanyl, methamphetamine (meth), prescription drugs such as oxycodone or Xanax, LSD and other hallucinogens, and ketamine.
Other drug crimes in the state include maintaining a drug house and operating a drug laboratory, as well as possessing or distributing imitation or counterfeit substances. If you are being investigated for or have been charged with any Michigan drug crime, it is essential to speak with an experienced defense attorney promptly to protect your rights and interests.
How Do Drug Court And Diversion Programs Work?
Michigan courts try to prioritize rehabilitation over incarceration for many drug-related offenses. Drug court and other diversion programs can offer you a path to treatment instead of jail. These programs recognize that addiction is a public health crisis, not just a criminal one.
Drug court is a rigorous, court-supervised program. It involves:
- Regular drug testing
- Mandatory counseling
- Court appearances
Successfully completing drug court can lead to the dismissal of your charges or a reduced sentence. It may allow you to avoid a criminal conviction entirely.
In addition to drug court, Michigan offers other diversion options for specific offenses. These programs, often called deferred judgment or delayed sentencing, allow first-time offenders or those with minor charges to complete certain requirements. These may include:
- Community service
- Probation
- Drug and alcohol treatment
Upon completing these terms, the court usually dismisses the charge. This can prevent a permanent criminal record, protecting your future employment and educational opportunities.
We know how local Traverse City courts handle these programs. Our criminal defense attorneys work closely with prosecutors to get you admitted to a suitable diversion program.
Consequences Of A Conviction
Drug crime allegations come with serious repercussions for defendants. Very few drug crimes are charged as misdemeanors and most of them are charged as felonies. Depending on the nature of the drug crime and the surrounding circumstances, a conviction can have varying consequences. A simple possession of cocaine charge could lead to up to four years in prison, while a conviction for possessing one kilogram or more of cocaine can result in a lifetime sentence. Possession with intent to deliver less than 50 grams of cocaine can bring up to 20 years in jail or prison. Drug crime convictions provide judges with diverse sentencing options.
A drug conviction can have far-reaching consequences beyond jail time. If you’re convicted of a drug crime, you might face probation, restitution and fines that could max out at $1 million. And if you’re a professional with a state license – like a doctor or lawyer – this conviction can put your license in jeopardy. Not to mention the difficulty of finding employment with such criminal charges on your record. There are many consequences for those who are convicted of a drug crime.
Legal Defenses To Drug Charges
When facing a drug crime allegation, it is essential to consider potential legal defenses. This includes asking questions such as: Did the police violate your constitutional rights in obtaining evidence? Did the officer have probable cause and a valid warrant? Was there coercion or entrapment by authorities? Were you wrongly placed in the wrong place at the wrong time? An answer to these questions will aid in establishing the best defense against a drug crime. Furthermore, with experienced criminal defense counsel, any constitutional violations can be brought before a judge with the aim of having evidence and potential charges thrown out. Knowing all your options and potential defenses is key when tackling an alleged drug crime.
Other Resolutions
Michigan law allows judges to handle less serious drug offenses in a way to avoid a criminal conviction. This law allows judges to use their discretion in providing a noncriminal sanction for first-time offenders. The court can then enter an adjudication of guilt and impose terms and conditions that must be met in order for the proceedings to be discharged and dismissed. This offers an alternative solution to criminal prosecution for those who have not previously been convicted of a narcotics or controlled substances offense.
Under MCL 333.7411, a first-time offender charged with possession of a controlled substance has the potential to avoid being convicted and sentenced if they plead guilty or are found guilty by the court. The judge can defer the proceedings and place the defendant on probation rather than formally entering the judgment of guilt. Once the conditions of probation are met, the defendant is discharged from probation and all related costs (like drug treatment programs and urine testing) must be covered by them. It is also important to note that a conviction for any drug possession charge requires that the court suspend a person’s driver’s license, though avoiding this record is possible.
Other first offender programs, such as the Holmes Youthful Trainee Act (HYTA) or prosecutor deferrals, may be available. It is important to speak to an experienced attorney to understand how these resolutions might apply to your case.
Get A True Defense From A Michigan Criminal Defense Lawyer
We do not automatically plead clients guilty. We explore every defense and every opportunity to avoid a conviction and the serious consequences of a drug crime on your record. Our attorneys have successfully represented people throughout Northern Michigan and statewide on drug charges. Call our Traverse City office at 231-735-8575 or contact us online.