Analogue Drug Laws in Michigan Premier Michigan Analogue Drug attorneys. The following are well established exceptions to the search warrant requirement: Many searches that are claimed to be based upon consent or that are in plain view are spurious at best and subject to scrutiny. Of course, part of this deal is that you will be placed on probation, and drug testing will be required as part of that probation. (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. However, if the drugs do not match up to a current prescription, the police will charge the person with illegal possession of analogues. They handled my cases with ease and met my expectations far beyond what I anticipated. All drug crimes that involve possession are eligible for dismissal pursuant the following Michigan laws: Felony drug crimes, including drug crimes that involve delivery, can also be dismissed pursuant to certain provisions of law. I would have been lost without this five-star Law Firm. Call 586-412-5555. Working with an attorney will help you fight back against drug crime conviction, and our lawyers have experience working in misdemeanor and felony criminal cases. Analogues are drugs that are available by a prescription such as Xanax and Vicodin. For instance, sentencing may be enhanced for those with prior drug convictions, or if the crime (selling, distributing, etc.) We're still early but I will post an update throughout our process. Satisfied Client, Assault Charge DISMISSED. We will evaluate your case and discuss all of your options. The drug crime involves use or possession. Five Stars! Satisfied Client, 2 Separate Assault Charges DISMISSED. Possession of analogues or analog drugs are those which have a remarkably similar chemical nature to other illicit or illegal drugs such as deadly heroin. Possession of Analogues Punishable by up to two years in prison and $2,000 in fines. Our firm represents a fair share of clients who are arrested or searched and the police find analogues in their possession at the time of arrest. Sometimes the compulsion to use these drugs far outlasts both the need and valid prescription for them, causing the once-legitimate user to become a long-term addict. 7411 may only be used once in a persons lifetime. Analogues are easily obtainable on the streets or at job sites such as construction sites. Some examples are: hydrocodone (Vicodin), cocaine, methamphetamine, methadone, oxycodone, fentanyl and Adderall. Some examples are: heroin, lysergic acid diethylamide (LSD), ecstasy and peyote. However, a person need not have actual physical possession of a controlled substance to be guilty of possessing it. Possession of an Analogue Controlled Substance in Livonia Michigan - Possession of a Controlled Substance Analogues or Certain Controlled Substance under 333.7403 is a Class G felony that carries up to 24 months in prison. If a person gets convicted of possession with intent to distribute, deliver, sell, or manufacture these drugs the penalties get serious. This program will allow his clients to get a criminal conviction for possession of analogue off their record. Criminal . In the state of Michigan, analogue drug use is considered a misdemeanor offense, which is typically less serious than a felony offense. The driver of the . If a person enters any sort of plea deal regarding drug charges, they will be ordered to rehab or treatment anyways. We have also successfully managed cases favorably for repeat offenders and habitual offenders. Once probation is successfully completed, our clients never have to worry about that charge being on their record. I would have been lost without this five-star Law Firm. Most drug cases are felonies. Grosse Pointe, Sterling Heights, Oakland County, Pontiac, Troy, Auburn Hills, Madison Heights, Wayne County, Detroit, Plymouth, Highland Park, and Romulus. These penalties may be enhanced depending on factors such as the location of the offense committed and prior drug convictions. Possession of analogue drugs without a valid prescription is a felony in the State of Michigan. 1 - Misdemeanors, Felonies and Misdemeanors: Pt. Should this be the case, we are prepared to make prudent recommendations such as counseling and AA or NA meetings. In response, Congress passed the Controlled Substance Analogue Enforcement Act in 1986, which made the use, possession, and delivery/manufacture of analogue drugs illegal. In the state of Michigan, the possession of any controlled substance or illegal prescription drug is a felony offense. Many individuals became involved with analogue drugs at a time when it was believed they could experience a similar high or sensation to more dangerous or risky drugs, without the fear of being arrested. Possession of analogues is a felony In Michigan, the offense of possession of analogues is a felony that can carry up to 2 years in prison and a fine of up to $2,000.00, or both. Addington. Stephen Christopher Vaisey, 53, in Michigan Department of Corrections custody, was sentenced to one year to 10 years in prison and ordered to pay state fees for possession of. In Michigan, there is a provision of the law (officially MCL 333.7411) knows as a 7411 which, when properly arranged, allows a person with no prior Drug Record to plead guilty to the Possession of Analogues (or any Drug, for that matter) charge, with an understanding that they will be placed on Probation, and, if that is successfully completed, the whole case will be dismissed without ever going on their Record. There may be chain of custody issues or problems with the lab analysis as well. The 7411 law also applies to those charged with felony possession of analogues, heroin, cocaine, LSD, methamphetamine, and MDMA/ecstasy. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. If you're facing any felony charges, it's important to find a lawyer willing and able to fight for your future. A person with a prior drug crime or who has used in 7411 is not eligible for this deal. Drugs that are considered dangerous or highly addictive are classified as felonies. Now, the possession of these drugs, such as bath salts or synthetic marijuana (spice), is heavily regulated and the penalties can be harsh. We specialize in representing clients charged with all types of drug crimes, such as these: Possession of drugs, narcotics, or any controlled substance. An experienced drug crime lawyer can advise a person charged with a drug crime as to possible defenses which may include: In Michigan, possession of analogues is a felony which can be punished by up to 2 years in prison and a fine of up to $2,000.00, or both. In Michigan, the penalties for analog drugs are: For Use of Analog Drugs: This is a misdemeanor charge. Drugs and chemicals used to make drugs are classified into five (5) schedules depending upon the drugs medical use and the abuse or dependency potential. The Dec. 3 incident involved an incident near the intersection of Nelson Road and U.S. 10 in the City of Ludington. Call Us at (734) 887-6200 Contact Us. Shawn and his team of expert lawyers have handled numerous drug cases from selling of narcotics to delivery of narcotics. Offense date, Jan. 12, 2023. Just wanted to thank you for winning my license appeal. Possession of marijuana. If you are thinking about using his firm, I would highly recommend, I would definitely use his firm again if needed, he is an a great attorney with a great firm, you won't be disappointed! 50 W. Big Beaver, Suite 240, Troy, MI 48084, Garmo & Kiste, PLC | Criminal Defense & Family Law Attorneys | Troy, MI. Call Abdo Law for Free Confidential Consultation to get your life back on track. If you are found guilty of not only possession, but possession with intent to sell, manufacture, distribute or deliver analogue drugs, penalties grow substantially more serious. Phillip Daniels. Scott Grabel was able to lead me through every step of the process with great communication the whole way. Under past state drug laws, only actual listed drugs were considered illegal, making these designer drugs ideal. The conditions of probation may include random drug testing and substance abuse counseling. Call our Possession of Analogues Lawyer | Michigan Drug Crime Attorneys. Many designer drugs can pass through drug a screening test, which creates a problem for Michigan police, parole officers, and drug enforcement teams. Beyond marijuana, drug possession offenses often involve things like cocaine, heroin, ecstasy (or "E"), and various prescription medications like vicodin, valium, oxycontin, and other pills called "analogues" (meaning chemically similar to other controlled substances, such as narcotics). This provision applies to youthful offenders age 18 but before age 26. Not only did they got one, but two domestic violence charges completely dropped. There are enhanced sentences for each subsequent offense as well as for delivering to a minor or delivering within a certain distance of a school, house, bus, park, or church. 4. Felony Drug Possession Cases are Eligible for 7411 Drugs that are considered dangerous or highly addictive are classified as felonies. Fentanyl Analogues Updated April 6, 2021 In February 2020, the Temporary Reauthorization and Study of the Emergency Scheduling of Fentanyl Analogues Act (the Act) temporarily placed certain fentanyl analoguesi.e., compounds chemically related to the powerful synthetic opioid fentanylon Schedule I of the Controlled Substances Act (CSA). Types Of Michigan Drug Crimes. I have handled cases where the pills were in an unlabeled bottle, but the person was thereafter able to produce a valid prescription covering the time period within which the pills were found, and have thus been able to get the charges dismissed. It carries with it up to one year in jail and a stiff fine of $1,000 or both. Crimes are made up of elements. I have handled cases from the outright delivery, or selling of narcotics, to undercover police officers, to the regular guy or gal who complained of back pain to a friend and was given, in the misguided spirit of friendship, a couple of prescription pain pills, one or more of which they forgot about until they were found after some kind of police contact. 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. I had the opportunity to meet and work with multiple lawyers in the practice all of which showcased a vast knowledge and understanding of the inner workings of the legal system. occurred in certain areas such as in close proximity to a school, church, park, or business. 333.7403 Knowingly or intentionally possessing controlled substance, controlled substance analogue, or prescription form; violations; penalties; individuals exempt from violation; notification of parent, guardian, or custodian of minor; other criminal charges; discharge from probation; definitions. Prosecutors and police officers vigorously purse charges against those in possession of these drugs. 2 - Felonies, District and Circuit Courts, and What They Do, The Sentencing - It all Comes Down to This, DWLS and DWLR - Suspended and Revoked License Charges in Michigan, Other Criminal Offenses and How Things Work. Phone messages after business hours are forwarded to our attorneys 7/24/365. Also, keep in mind that all drug convictions in Michigan (even marijuana possession) have mandatory drivers license suspensions meaning that upon conviction, you will automatically lose your drivers license for a period of time. How I Approach a Possession of Analogues Case. Booking Date 2/27/2023 12:59 AM Race White Gender Female Age 32 CHARGES: (M) POSS CDS 1 1ST >14 GRAMS MARIJUANA, TETRAHYDROCANNABINOL OR CHEMICAL DERIVATIVES THEREOF 2/27/2023 1:08 AM (F) POSSESSION OF CDS 2 When our clients are given HYTA or 7411, they are placed on probation and drug testing. Even if that is true, it is still no legal defense to being in possession of these pills that they were not prescribed. Interested in what the requirements are from the State of Michigan for obtaining your Michigan Concealed Pistol CCW/CPL License - here they are, in detail.. Contact ABDO LAW at 586-412-5555 for Free Consultation if you have a drug crime in any of the following courts: The ABDO LAW FIRM has successfully negotiated dismissals of felonies, misdemeanors and 7411 for 1,000s of clients charged with drug crimes in Macomb, Oakland, Wayne, and St. Clair Counties. Count 1, controlled substance possession, methamphetamine/ecstacy; count 2, controlled substance possession of narcotic/cocaine, less than . Traffic Tickets Lawyer Serving Michigan. Abdo law FOUGHT and got my DUI kicked out of court when my job was on line. Contact Scott Grabel and our experienced team now for designer drug possession defense in any of Michigans 83 counties. Even in cases where that story is true, it does not change the legality of possessing these medicines without a valid prescription for them. Vicodin, Valium, Oxycontin and other analog drugs are illegal to possess when the user does not have a valid prescription from a doctor. In this Tri-County area, there has been a virtual explosion of cases involving Analogues Charges. Scott was with us every step of the way. This is sort of a hybrid Crime, but the easiest way to understand Analogue Possession Cases is that they are low-level Felonies. The plain truth is that unless the whole case goes away, that person is going to be ordered into counseling or treatment anyway, so why not get a head start that can help your case so much? That is accomplished by successful plea negotiations which can render a reduction in charges, a sentencing agreement which limits or eliminates jail, or reduces the charge so the defendant is eligible for a deferred sentencing option such as 7411 which not helps him earn a non-public record, but prevents the mandatory drivers license sanctions. NY and Federal Laws on Analog Drug Possession or Analogue Drug Possession. While old medical records and prescriptions are useful in our negotiations, in most cases they will not support an outright dismissal. If you have been charged with a drug possession offense, you now know that possession of any drug except Marijuana is a felony. The big difference is that 1P does not succumb to the same regulations as LSD . Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. If found guilty of analog possession, you may be sentenced to up to two years in prison, fines of up to $2,000, or both. Locatedin Troy, MI. We have a successful track record of getting our clients into drug courts and rehab that allow them to break the habit and stay out of jail. Do not face a felony charge for possession of analogues without having Shawn by your side! MCL 333.7403 (2) (a) (i). Something, such as drugs, can be within a persons control if it is inside a locked glovebox, a storage locker or in a personal dresser drawer. Thank you for your knowledge and help in winning restoration of my driving privileges. To do this, the handling of your case needs to take into account not only facts about you, but the court in which your case is being heard, and the Judge before whom you will be appearing. It is an opiate, meaning its narcotic-like effects are similar to the whole family of drugs that are produced from opium, including morphine and heroin. I tried before on my own, lost (of course) and am glad I found your site. Another frequently-abused Analogue is Oxycontin, which has been described as heroin-in a pill.. Those convicted will be sentenced to up to 15 years in prison and/or fines of up to $250,000. Sara Jane Tenhoor, 18, of Galesburg, was sentenced to three days in jail, one year of probation and ordered to pay attorney fees, court costs and state fees for possession of analogues in. In criminal matters, possession is broadly defined. This will allow you to keep drug charges off your record and avoid criminal punishment, in accordance with Section 333.7411 of the Public Health Code. Daniels was given a. Going with their firm was the best decision I could have made and I owe them everything for turning my bad decision into a extremely manageable situation. Resolution of a drug crime pursuant to 7411 in the criminal system means: Lets face it, you would not be in trouble for a drug crime unless the police found drugs in your possession, in your home, or in your vehicle. Are You Emailing About a Criminal, License, or Traffic Matter? This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. We are available to our clients 24/7. Which is why we limit our practice to just West Michigan courtrooms. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Matt and his staffturned a terrible situation in my life into a positive life learning experience. Our no obligation, toll free number is available 24/7, and we can immediately begin working on your case. Charges of possession of a narcotic or cocaine less than 25 grams and possession of analogues were dismissed. Scott Grabel was kind enough to look into my situation and take his time to speak with me free of charge. Jail and a felony conviction can both be avoided if you are charged with a drug crime such as possession of analogues. Traffic Matter hours are forwarded to our attorneys 7/24/365 your site no obligation toll. 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