Drug users wanted the same sensation that the prohibited controlled substances provided, but without the fear of prosecution. Being charged with possession of Adderall is a non-violent crime and considered less serious than other drug charges in Michigan. 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. However, if you are convicted of using analog drugs you will face penalties which include up to one year in jail and/or fines of up to $1,000. Arrested by Mason County Sheriff's Office. This means that they are never convicted of the offense, and when filling out a job application, can safely say that they have no convictions (at least as far as this case goes). Phone: 586-412-5555. Driving if one's application for a license has been denied, or. Perhaps the most common example is Vicodin, which is chemically similar to codeine, and can produce similar effects in the user. The penalties for drug possession crimes in Michigan are as follows: Methamphetamine or ecstasy: Felony, maximum penalty 10 years in prison, $15,000 fine. 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. You are not required to be a snitch or cooperate with the police to get your drug crime dismissed pursuant to 7411. This is sort of a hybrid Crime, but the easiest way to understand Analogue Possession Cases is that they are low-level Felonies. In response, Congress passed the Controlled Substance Analogue Enforcement Act in 1986, which made the use, possession, and delivery/manufacture of analogue drugs illegal. When our clients are given HYTA or 7411, they are placed on probation and drug testing. 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). Call Us at (734) 887-6200 Contact Us. Analogue drugs or designer drugs copy the chemical structure of illegal drugs such as cocaine, heroin, or codeine. Similar crimes involve obtaining medicine without a prescription or prescription fraud. Prosecutors treat these cases very seriously and often will not be willing to offer good plea deals, especially for repeat or habitual offenders. Offense date, Jan. 12, 2023. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. This means a person can face up to two years in prison and a tough fine of up to $2,000 or both. 42nd District Courts located in Romeo & New Baltimore: Drunk Driving, Retail Fraud and Domestic Violence, Everything You Want to Know About Pretrial Conferences & Probable Cause Conferences in Macomb County, Mere Presence at a place where drugs are present. 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) A counterfeit substance classified in schedule 1 or 2 which is either a narcotic drug or a drug described in section 7212 (1) (h) or 7214 (a) (iv) or (c) (ii), is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $10,000.00, or both. I would recommend Scott Grabel and Associates to my friends, family and anyone who is in need of representation. Vicodin, Valium, Oxycontin and other analog drugs are illegal to possess when the user does not have a valid prescription from a doctor. 4. Michigan Attorneys With our centrally located office in the Metro-Detroit area, we proudly service the entire tri-county area. I thank you so much for all your help and would be so happy to give your name to anyone who needs to get their license back. Driving if one has never even applied for a license. It is also used as a tool by prescribers and dispensers to assess patient risk and is also used to prevent drug abuse. Schedule I: Drugs with no currently accepted medical use and high potential for abuse. I worked with polygraph examiners, investigators, and forensics experts. 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. 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. He was arraigned on felony charges that included count 1: controlled substance - possession of analogues . He fought for a great injustice for our son and was able to provide an outcome that gave his life back. Guy Gardner was created by John Broome and Gil Kane in Green Lantern #59 (March 1968), although the character was changed significantly in the 1980s by Steve Englehart and Joe Staton who turned him into a jingoistic parody of an ultra-macho "red-blooded American male". I had many obstacles to overcome, in the end I walked out with with my driving privileges reinstated. The issue of possession is an essential element of a drug crime. | Livonia Criminal Defense Attorney Skip to main content Home About Call Abdo Law for Free Confidential Consultation to get your life back on track. Some examples are: Xanax, Soma, Darvon, Darvocet, Valium, Ativan, Talwin, Ambien and Tramadol. These drugs, particularly when taken in high doses, produce effects similar to those found with the use of cocaine, heroin, ecstasy, and other illegal drugs or substances. Definition of analogue (Entry 1 of 2) 1 : something that is similar or comparable to something else either in general or in some specific detail : something that is analogous to something else historical analogues to the current . If you are facing criminal charges related to analogues or other drugs, please call Shawn now at 616-438-6719. You may be a victim of circumstances if you are charged with possession of drugs which can lead to a dismissal or finding of not guilty by asserting the following defenses: There is a crisis in the United States involving the use of legal (prescribed drugs such as Adderall, Xanax, Norco) and illegal drugs (heroin, cocaine, fentanyl, ecstasy, methamphetamine). Delivery or intent to manufacture a drug is a much more serious felony charge. You cant be convicted of a drug crime if you did not have possession. If a person is charged with possession of an analogues, they will face a felony offense. They were extremely reliable, trustworthy and very informative and did a great job with the case. Felony possession of cocaine, heroin, Alprazolam, Xanax, opiates and other analogues in Michigan 4/30/2018 As a former prosecutor in Michigan and New York City, my colleagues viewed drug cases within different categories. The contact form sends information by non-encrypted email, which is not secure. We have dealt with undercover police officers and the drug enforcement teams. Getting Retail Fraud Cases Dismissed in Macomb County! You do not have to give the police consent to search your home, vehicle, or personal space. We are available to our clients 24/7. MCL 333. In the United States, we are protected from illegal searches and unreasonable government intrusions of our privacy pursuant to the 4th Amendment to the United States Constitution. Do not face a felony charge for possession of analogues without having Shawn by your side! They handled my cases with ease and met my expectations far beyond what I anticipated. Possession of Analog With Intent to Sell or Deliver in Michigan Analogue drugs can include both prescription drugs that have stark similarities to illegal narcotics, and chemical compounds designed to have the same effect as illicit substances. It was a five-star experience. Possession of illegal drugs, including analogues and medications without a valid prescription, are all crimes that can be dismissed pursuant to MCL 333.7411. Baker is also charged with multiple counts of delivery or manufacture of meth, possession of narcotics or cocaine, possession of analogues, operating while intoxicated . This feeling is false and causes numerous people to face felony charges. Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation or contact us with a private message. When there is no property that can be admitted as evidence to support the crime, the case is dismissed! Possession of Analogues is what's technically called a "High Court Misdemeanor," meaning it carries up to 2 years in Jail. Family Lawyer Serving Macomb County, MI (248) 646-7980 Michigan Family Law Attorney with 40 years of experience Michael A. Robbins is past president of the Michigan Chapter of the American Academy of Matrimonial Lawyers, past chairperson of the Family Law Section of the State Bar of Michigan and past president of the Michigan. 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. When you choose Scott Grabel to represent you will open yourself up to all of his resources. 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. Addington. If a person enters any sort of plea deal regarding drug charges, they will be ordered to rehab or treatment anyways. Additionally, being in possession of a controlled substance analogue often results in drivers license suspension. Schedule I and II drugs include ecstasy, cocaine, and heroin. Contact our firm for effective criminal defense in your analogue drug possession case. 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, Assault Charge DISMISSED. Analogues are drugs which are chemically similar to other drugs. Possession of analogue drugs without a valid prescription is a felony in the State of Michigan. Did they have a valid prescription? Information about this arrest can be found below. The Judge consents to disposition pursuant to 7411. If you have a prior drug crime on your record, then the focus changes from keeping this off your record to keeping you out of jail, and if possible, keeping you out of all kinds of drug education and/or rehab programs. Do not despair if your being charged with a crime because there are many ways for a skilled criminal defense lawyer to get a criminal case under control. Metro Detroit: 586-412-5555, Toll Free: 844-Got-Abdo. When someone is charged with an alcohol or drug crime, our firm will try to identify if it is the result of alcoholism, abuse, an underlying substance abuse problem or addiction. Wildlife and Fisheries 50 CFR Section 300.181. It's one thing if the person charged is simply a drug addict who possesses the drugs for personal use. Delivery of those drugs, or Possession with intent to deliver (called a P-wid) is an even more severe felony. Michigan law requires enhanced penalties if you were in possession of a controlled substance in close proximity of a school, park, or library. Our results attest to our great reputation as one of Michigans top criminal defense firms, and our work in thousands of past cases statewide has allowed clients to avoid wrongful conviction or unnecessary jail time and fines. Grosse Pointe, Sterling Heights, Oakland County, Pontiac, Troy, Auburn Hills, Madison Heights, Wayne County, Detroit, Plymouth, Highland Park, and Romulus. Call our law firm at 1-800-342-7896 now for a free consultation, or contact us online. Five Stars! In the state of Michigan, analogue drug use is considered a misdemeanor offense, which is typically less serious than a felony offense. Jeff and his team were very helpful. 50 W. Big Beaver, Suite 240, Troy, MI 48084, Garmo & Kiste, PLC | Criminal Defense & Family Law Attorneys | Troy, MI. Was arraigned on felony charges or 7411, they will face possession of analogues michigan felony in the user of! Life back Soma, Darvon, Darvocet, Valium, Ativan, Talwin, Ambien and.. 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