What Is Heroin?
Heroin is an incredibly addictive drug with no accepted medical uses. Those who use it often do so to experience euphoria – feeling safe, warm, calmer, or feel like they are floating. While heroin can lessen the feelings of anxiety or depression in some cases, it can also exacerbate these feelings. Unfortunately, there are several dangerous and unpleasant side effects that come along with its use. Those who take heroin may suffer severe itching, vomiting, and nausea. They may also be overcome by intense drowsiness and their mental functions may become clouded due to the drug affecting the central nervous system. Heroin has been known to slow down lung and cardiac function as well, and an individual can even stop breathing completely. Overdoses and death are unfortunately too common of an ending for heroin users.
Examples Of Heroin Crimes
The ramifications for possession of heroin can be severe in the State of Michigan. If someone is found guilty of misdemeanor heroin use, they could face a fine of up to $2,000, one year in jail, or both. For felonies, the amount of heroin possessed plays an important role in the penalties. Anyone found with less than 50 grams of heroin can be fined up to $25,000 and sentenced to four years in prison or both. Possession between 50 and 449 grams carries a potential fine of up to $250,000 and 20-year imprisonment. If 450 to 999 grams are present, then the fine could rise as high as $500,000 and 30-year time behind bars. Lastly, if 1,000 grams or more are located on the accused individual then they are liable for a $1 million fine along with life imprisonment or both.
Distributing, delivering, and manufacturing Heroin can lead to steep penalties for those convicted. Fines of up to $25,000 and a prison sentence of up to 20 years will be incurred for crimes involving less than 50 grams of the drug. If you are being accused of a heroin crime, then it is critical to speak to an experienced criminal defense attorney right away.
Consequences Of A Drug Conviction
When facing allegations of a heroin crime, defendants must be aware of the severe repercussions they could face if convicted. While misdemeanors are rare in such cases, some may face felonies which can come with hefty fines up to $1 million along with jail time. In addition, those with state licenses – like doctors or lawyers – may find their license at stake due to the conviction. Moreover, even after serving time for the crime, finding employment may prove difficult due to the presence of a criminal record. It’s important to be aware that there are numerous potential consequences of being charged with a heroin crime.
Legal Defenses To Heroin Charges
Facing an accusation of a heroin crime can be intimidating – but it is essential to consider your legal defenses and ask the proper questions. Did the police act within the Constitution when they obtained the evidence? Did they have reasonable cause and the right warrant in place? Was there any coercion or entrapment involved? Could you be a victim of wrong place, wrong time circumstances? Answering these questions will help build your defense strategy and ensure that you’re using all applicable legal resources. With experienced representation, even potential Constitutional violations can be brought before a judge in order to have evidence dismissed or charges dropped. It’s vital to assess your options fully for any heroin-related crime complaint.
In Michigan, judges have the authority to take drug offenses that are minor in nature and handle them without issuing a criminal conviction. Judges have discretion when it comes to giving those who haven’t had any prior charges of controlled or restricted substances a different type of penalty. A guilty adjudication can be made and imposed with terms and conditions that must be followed in order to dismiss the proceedings, offering an alternate solution to prosecution for individuals not previously charged.
According to MCL 333.7411, first-time offenders charged with possession of a controlled substance have the potential to avoid being convicted and sentenced if they plead guilty or are found guilty by the court. As an alternative, judges may opt to defer proceedings and place the defendant on probation instead of formally entering a conviction of guilt. Once all imposed conditions of probation have been met, the defendant is discharged from probation along with any accompanying financial liabilities such as drug treatment programs and urine testing.
Additionally, taking these courses of action may enable an individual to bypass the driver’s license suspension that would come with a formal conviction. Other resolution options like Holmes Youthful Trainee Act (HYTA) or prosecutor deferrals exist, and it is encouraged that people seek out advice from experienced legal counsel regarding which option best fits their particular case.
Choose An Attorney Who Has Handled Heroin Crimes
It is important to hire an experienced criminal defense lawyer who has defended heroin charges. You need a lawyer who is familiar with Michigan statute and sentencing guidelines, and who understands how law enforcement investigates drug offenses.
Jessie Williams has tried all levels of drug crimes, including possession and distribution of heroin. Where some attorney may start with the intention of pleading you guilty, we start with the intention of challenging the government’s case. We are prepared to go to trial if necessary to fight a conviction and all the consequences. To schedule a free consultation, contact us online or call our Traverse City office at 231-735-8575.