Possession of Cocaine, Heroin, and Methamphetamines

In Michigan, if you find yourself charged with possession of cocaine, possession of heroin, or possession of methamphetamines, you are in serious trouble.  Schedule One narcotic possession is a felony in Michigan.  That means that there is a possibility of prison if the prosecutor either gets a conviction through trial, or you plead guilty.  Although we believe the last place for somebody with drug issues is prison, the Legislature, courts, and prosecutors seem to think the best place for someone with drug issues is behind bars.

WHAT ARE “SCHEDULE ONE” AND “SCHEDULE TWO” CONTROLLED SUBSTANCES?

Categorizing drugs within different classes is one of the many things the Legislature utilizes to continue its fascination with extreme punishment for drug related crimes.  In Michigan, drugs are categorized into different classes called “schedules,” with schedule one being the supposed ‘worst drugs’ and schedule five being the drugs least likely for abuse.  In making the determination of what drug belongs in what category, the Legislature is supposed to analyze a drug’s actual or relative potential for abuse, it’s pharmacological effect, the history and pattern of abuse, the risk to public health, and the potential of the substance to produce psychic or physiological dependence, amongst other things. 

The reality of this analysis is that the Legislatures make decisions like marihuana being categorized as a schedule one controlled substance, sharing space with other narcotics, such as heroin.  Schedule 1 narcotics include Ecstasy, Codeine, Cat, Heroin, Mescaline, Peyote, Psilocyn (mushrooms), Qat, and Marijuana to name a few.  Schedule 2 includes Cocaine, Opium, Amphetamines, and Methadone, amongst other things.

PUNISHMENTS FOR SCHEDULE 1 AND 2 POSSESSION

 

As unbelievable as it may seem, the penalties for possessing a schedule one or two controlled substance can range as high as life in prison.  At the very least, having for instance a small amount of Cocaine can lead you to a charge which carries with it a possible sentence of up to two years in prison.  Because of this, it is imperative that you consult with an experienced drug lawyer as soon as you find out you may be being charged with a drug related felony.

DEFENSES

There are many defenses available to drug possession cases.  Everything from Constitutional arguments to investigation problems are common defenses that we have successfully used to win drug cases in Michigan.  Being experienced drug attorneys, we understand the key to winning a drug case is to have a strategy from the beginning of the case.  Analyzing all evidence with experts, filing cutting edge motions, and being extremely prepared for trial are the methods we use in every drug case in order to get the best possible resolution.

WHAT DO I DO IF I’M CHARGED WITH POSSESSION?

Most of the time, our clients have contacted us prior to being charged with a drug felony.  When dealing with a major drug charge, the sooner we are contacted, the better the position you are in as far as gaining leverage in your case.  Many times our clients catch winds that they have a warrant for their arrest.  We have extensive experience in arranging for our clients to turn themselves in and receiving low and personal bonds for even the most high level drug felonies.

Once you have been arraigned, we obtain all of the evidence and begin doing our own investigation of the case.  This generally includes employing private investigators, expert witnesses, and filing subpoenas.  We do this so when we end up in court, we are extremely prepared and know our defensive strategy.  After this, we go to court numerous times, arguing motions and having hearings in order to win.  If the case isn’t won on motion, or a major deal has not been reached, we proceed to trial.

TALKING TO THE POLICE PRIOR TO TALKING TO US

A major issue in many of our cases is the tactics used by the detectives and officers to get you to talk to them prior to speaking with us.  They do this because our advice is to never speak to the cops—that’s our job.  When we are retained on your drug case, we handle all communications with the police.  Your job is to remain calm and low key.  We’ll take care of everything else because this is what we do.

If you need our help, call us or email us today.  Our attorneys believe in what they do and they believe in your innocence.  We are industry recognized leaders in criminal representation and we fight to win.