Drug Charges
Drug crimes cover a wide range of criminal offenses involving controlled substances ranging from misdemeanors such as simple possession, to felonies such as trafficking (sale of drugs). Likewise, the penalties for possession, use, sale, trafficking and manufacture crimes range from a minimal fine or probation to a life sentence. A simple drug possession conviction in Michigan may result in court-ordered drug treatment and, for more serious crimes, probation may sometimes be required for first-time offenders. On the other hand, although more serious offenses typically result in harsher penalties, even less serious charges (such as possession or use) may have severe consequences, especially if the charged activity involves firearms activity near "protected zones" (like schools and parks), minors, a probation violation, or a prior conviction.
In Michigan, as in the rest of the country, a zealous "War on Drugs" has led to the energetic investigation and prosecution of those suspected of drug crimes. Drug enforcement teams from across the state, similar to the BayNET (Bay County Narcotics Enforcement Team) and Tri-County Metro Narcotics Squad (in Clinton, Eaton, and Ingham Counties) and the West Michigan Enforcement Team (WMET), aggressively pursue drug offenders, often enticing and entrapping people into a pyramid of drug sale scams. The use of "snitches" that "roll over" or "rat out" their friends and family members is also common. The Michigan State Police (MSP) utilize the Michigan State Police Crime Lab and a variety of sophisticated drug testing chemicals and devices in enforcement efforts. Because drug crime enforcement is so aggressive and complex, if you or someone you know has been arrested or is under investigation for any drug offense in Michigan, you should contact an experienced drug crime defense attorney immediately.
Drug crimes involve violations of federal and/or state law. Under the federal Controlled Substances Act, controlled substances are classified into five categories (Schedules I to V), based on their abuse and addiction potential (weighed against their medicinal value). The most severe penalties involve drugs listed in Schedule I, with the least severe involving Schedule V. Most states, including Michigan under our Public Health Code of 1978, have drug laws that resemble the Controlled Substances Act:
Schedule I drugs have a high potential for abuse and no accepted medical use. These drugs include heroin, LSD, and several other hallucinogenic substances.
Schedule II drugs have a high potential for abuse and severe dependence, but have a currently accepted (though very limited) medical use, and include PCP, cocaine, marijuana (under the 2008 Michigan Medical Marihuana Act), methadone, and methamphetamine.
Schedule III drugs have less potential for abuse than Schedule II drugs, a potential for moderate dependency and an accepted medical use. Typical Schedule III drugs include anabolic steroids and codeine.
Schedule IV drugs have even less potential for abuse and dependency than Schedule III drugs, and are widely accepted in medical treatment. Schedule IV drugs include Xanax, Valium and other tranquilizers and sedatives.
Schedule V drugs have a low potential for abuse, limited risk for dependency and widely accepted medical uses. These include drugs like cough medicines with codeine. However, these drugs cannot be legally purchased in bulk.
A defendant may be accused of or face any of the following charges:
- Illegal drug possession of narcotics, marijuana, crack cocaine, meth, THC, ecstasy, or other controlled substances.
- Drug trafficking (delivery), including possession with intent to deliver, and/or conspiracy to deliver, heroin, powder cocaine, or other drugs.
- Drug manufacturing, including cultivating or growing marijuana, operating a methamphetamine lab, or producing other illegal substances.
- Possession of drug paraphernalia, which under Michigan law means any device or product used for the manufacture, storage, or use of a controlled substance. This can include pipes and even cigarette rolling papers.
- Prescription Fraud, also known as possession or use of "analogues," which is the possession of prescription drugs without a valid prescription, usually the result of forging or altering prescriptions to obtain narcotics illegally.
It is also possible for the police and the prosecutor to file a separate forfeiture action. This is not a part of your criminal charges. Instead, it is a civil action in which the government is attempting to take possessions or money away from you. The basis of the civil action is their belief that your property (home, car, guns, electronics, cash, etc.) is the fruit of illegal activity. When the police seize your property, they are required to serve a forfeiture notice. Our attorneys often object to the forfeitures but doing so requires very prompt action and the posting of a forfeiture bond. Typically, your failure to quickly and properly challenge a forfeiture waives your right to object. If that occurs, your property is considered to be forfeited to the government. Our forfeiture defense lawyers can assist you with a civil forfeiture action separately from any criminal representation.
If You Have Been Charged with a Drug Crime
Drug charges have severe consequences, including significant fines, forfeiture of property, and incarceration. As with many other serious crimes, if you are under investigation or arrest on a Michigan or Federal drug charge do NOT volunteer any information to the police other than your identifying information (name, address, phone number). Tell the police you wish to remain silent! Even if you are stopped, for example, in your car and police officers find drugs or drug paraphernalia in the vehicle, do not say anything about their findings. Never voluntarily consent to the cops searching you or your car or your home. Remain polite, but insist on speaking to your attorney immediately. And of course, never, ever resist arrest, obstruct a police officer or run from the police. Doing so can add additional charges and make your situation even more difficult.
Our Approach to Drug Charges
Defense to a drug charge frequently centers on whether or not law enforcement officials properly gathered the evidence they plan to use in prosecuting the case against you. Evidence obtained by law enforcement in violation of your constitutional rights, no matter how persuasive, is usually not admissible in court. If such evidence is found inadmissible, often your case will be dismissed or will result in a very favorable plea bargain.
Most challenges to the admissibility of criminal evidence are based on the Fourth Amendment, which protects citizens from unreasonable searches and seizures. For example, sometimes search warrants are not properly obtained (or perhaps not obtained at all), or sometimes probable cause does not exist to support a search. In addition, Michigan law enforcement agencies often recruit a confidential informant (CI) to make a "controlled buy" of drugs from a suspect. State regulations require that the police follow a specific protocol for such controlled buys or stings. If such a protocol is not followed, your case might be too weak to prosecute successfully. There might also be the possibility of an entrapment defense if it can be shown that the police (or their agents) enticed you into committing an act that you would not otherwise have engaged in.
The bottom line is that the criminal defense team at Kronzek & Cronkright thoroughly pursues all avenues of defense. We are an experienced and aggressive team of drug crime defense attorneys. In fact, the attorneys at Kronzek & Cronkright are listed as referral attorneys by NORML, an organization which works toward reform of marijuana laws. We will fight vigorously and persistently to protect your rights and reputation. We have handled hundreds of drug cases successfully throughout the state of Michigan. Our case results have been published in Michigan and nationally. We fight to win.
Contact us about your legal matter today! Call us at 1-866-766-5245
