Contact the ABDO LAW FIRM for a free consultation if you are charged with any crime including all drug crimes, possession of analogues or operating a vehicle while intoxicated. Some of these drugs include Fentanyl, heroin, cocaine, MDMA (ecstasy) and analogues. He was arraigned on felony charges that included count 1: controlled substance - possession of analogues . Possession of Analogues (Prescription Drugs) Anyone in Michigan found in possession of analog drugs can face a felony drug charge with penalties including up to two years in prison and fines of up to $2,000. No entry of guilt is entered unless 7411 status is terminated. Which is why we limit our practice to just West Michigan courtrooms. . occurred in certain areas such as in close proximity to a school, church, park, or business. Prosecutors treat these cases very seriously and often will not be willing to offer good plea deals, especially for repeat or habitual offenders. Located in Troy, MI. 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. Not only did they got one, but two domestic violence charges completely dropped. 7403. 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. This provision applies to youthful offenders age 18 but before age 26. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. 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. 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. Call for a Free & Confidential Consultation. 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. With drug crime defense attorneys statewide, Grabel & Associates defends people throughout Michigan charged with possession, intent to distribute, manufacturing, cultivation and illegal prescription drugs. Analogue (or Analog) drugs are often called designer drugs, and mimic the chemical structure of illegal narcotics. NY and Federal Laws on Analog Drug Possession or Analogue Drug Possession. We are available to our clients 24/7. Beyond that, I help my clients explore their options for treatment based upon their needs, what kind of money they have (or, as is so often the case in todays economy, DONT have) and what kind of schedule they need. Even in cases where that story is true, it does not change the legality of possessing these medicines without a valid prescription for them. We service all communities , . For a complete explanation of how 7411 works, read my full-version post Drug Possession in Michigan Keeping it off your Record with 7411. A short-version of that article is entitled Keeping Drug Charges off your Record in Michigan 7411 The Short Version. The bottom line to 7411 is that a person can avoid ever having the offense go on their record. Most people have never even heard the term until they find themselves being charged. However, a person need not have actual physical possession of a controlled substance to be guilty of possessing it. 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). According to WCCO, Davis has been booked on recommended charges of attempted distribution of a drug analogue, possession with intent to distribute fentanyl and illegal possession of a firearm as a . The federal Drug Enforcement Agency (DEA) has been given the authority to immediately issue a ruling for certain analogues to become illegal. The incident occurred July 9, 2020, in Dowagiac. We have also successfully managed cases favorably for repeat offenders and habitual offenders. Still, if a mistake in judgment leads to a drug charge that would otherwise stick, this is truly like a get out of jail free card in the game Monopoly. The contact form sends information by non-encrypted email, which is not secure. He was arraigned Monday at 89th District Court on charges of possession of methamphetamine, possession of analogues, reckless driving, and operating while intoxicated. Tia Lyn Verboam-Odekirk, 34, 2963 N. Victory Corner Road, Ludington, was arraigned on a felony count of possession of methamphetamines/ecstacy and a felony count of possession of analogues following a June 19, 2022, incident investigated by the Mason County Sheriff's Office. Karar Mohamed, 24, has been charged with one count of carrying a concealed weapon and one count of possession of analogues, a controlled substance. Did they have a valid prescription? Even the most serious felony drug crimes can be dismissed under MCL 333.7411, including possession of analogues and also drug crimes punishable by up to 10 years in prison, such as possession of methamphetamine and possession of ecstasy. Located in Troy, Michigan. All criminal offenses that are classified as drug delivery or drug trafficking are felonies in Michigan. We specialize in representing clients charged with all types of drug crimes, such as these: Possession of drugs, narcotics, or any controlled substance. Scott Grabel is a very down to earth kind of guy. If you are confronted by the police or facing criminal charges, avoid making costly mistakes and know your rights: CALL Abdo Law for a FREE CONSULTATION. This is sort of a hybrid Crime, but the easiest way to understand Analogue Possession Cases is that they are low-level Felonies. Analogues cases, like DUI cases, cut across every social and socio-economic rank. Phone messages after business hours are forwarded to our attorneys 7/24/365. 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. Possession of Controlled Substances & Analogues | Macomb County. 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. New legislation cracks down hard on analogue drug use and possession, however, and it is crucial that you contact a lawyer as soon as possible if you are facing a drug crime charge. 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. Do not talk to the police without a lawyer. Sec. The legal definition of possession covers actual physical possession and constructive possession. Possession of Analogues in Michigan | Possession of Analogues Lawyer 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. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Fortunately, there are ways to do this and there are also ways to get a drug charge dismissed under various provisions of law in every Michigan court: MCL 333.7411: This provision of law allows for one lifetime dismissal of a drug crime that involves possession or use, not delivery or trafficking. Thank you for refusing to settle when I was innocent of my accused crime. Read the code on FindLaw This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Traffic Tickets Lawyer Serving Michigan. 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. As bad as things may seem right now, there is always a silver lining to any cloud, and, to use one of my favorite phrases, with a little effort and hard work, things can be worked out to not be nearly as bad as they might seem. Tag Archives: michigan possession of analogues. Are You Emailing About a Criminal, License, or Traffic Matter? Search of Persons on Parole or Probation, Border Searches (tunnel and bridges to Canada), You do not have to make any statements to the police pursuant to the 5. Possession of Analog/Analogue Drugs - Michigan Drug Possession Lawyers. Felonies - Dustin Douglas Clark, 30. The common scenario on how someone gets charged with this offense is when they have been given somebody elses lawfully prescribed pain medication to help them deal with their back pain or whatever. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. However, when a person is not eligible to utilize a special provision of law to get a dismissal of a felony, we can always fight to get a felony drug crime reduced to a misdemeanor. There is no typical profile of the people of who find themselves facing this charge, just typical scenarios of how they got there. If you have prior felony convictions, or prior drug convictions there will be enhanced penalties which will increase the amount of incarceration a person will face. The penalties you face for a conviction could be incarceration and losing your drivers license. Depending on your case Grabel knows experts in all fields. Our job in representing a person charged with a drug crime is a combination of making recommendations for appropriate substance abuse treatment program(s) and getting the best result in the court system. We know what it takes to achieve case dismissals and court victories, and our rigorous investigation will help uncover every hidden detail that could otherwise lead to conviction. Read More Arrested by Mason County Sheriff's Office. Use of Analogues punishable by up to one year in jail with $1,000 in fines. Due to the potential for addiction, abuse, or dependence, designer drugs are taken seriously by law enforcement. 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. 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. Analogues are drugs that are available by a prescription such as Xanax and Vicodin. These laws were created in response to state and federal laws that only regulated illicit drugs. If a person enters any sort of plea deal regarding drug charges, they will be ordered to rehab or treatment anyways. According to the Michigan Public Health Code, possession of an analogue drug could result in up to 2 years in prison, and a fine of up to $2,000. According the United States Code (21 USC 802) a controlled substance analogue means a substance which is substantially similar to the chemical structure of a schedule 1 or 2 controlled substance and has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II. Schedule IV: Drugs with a low potential for abuse and low risk of dependence. The Dec. 3 incident involved an incident near the intersection of Nelson Road and U.S. 10 in the City of Ludington. We have represented clients who simply gave some pills to a family member or friend who was in pain. Best attorney in state of Michigan. Contact our firm for effective criminal defense in your analogue drug possession case. I should have done this a long time ago. Analogue drugs or designer drugs copy the chemical structure of illegal drugs such as cocaine, heroin, or codeine. I would tell anybody trying to get their License back they need to talk to you. 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. GRAND RAPIDS, Mich. A woman's torso found in a Grand Rapids basement has led to felony charges against a man who lived at the home where Sunday's gruesome discovery was made. The most common examples of analogues that defendants get charged with are Vicodin and Oxycontin. Should this be the case, we are prepared to make prudent recommendations such as counseling and AA or NA meetings. A person convicted of drug delivery or trafficking is not eligible for MCL 333.7411 unless the charge is reduced to possession. Defending drug crimes throughout Michigan in the counties of: Ingham, Eaton, Clinton, Jackson, Barry, Shiawassee, Washtenaw, Livingston, Kent in the cities of: Lansing, East Lansing, Charlotte, Jackson, St. Johns, Bath, Haslett, Mason, Okemos, Ann Arbor, Grand Rapids. Other designer drugs, such as a-methylfentanyl, methedrone, and benzylbutylbarbiturate are also considered similar to illegal narcotics and are therefore illegal in Michigan. He doesn't rush you and answers your questions very thoroughly. Construction possession is another way that you can possess something and be found guilty of a crime. Thank you Abdo law!!!! Controlled substance analogues, also known as designer drugs, have chemical structures substantially similar to those of controlled substances in schedule I or II and have stimulant, depressant, or hallucinogenic effects on the central nervous system that are substantially similar to or greater than the stimulant, depressant, or hallucinogenic effects of controlled substances in schedule I or II (U.S. Code 21 USC 802(32)). In addition, it is not a defense to produce a third persons prescription since you only have the right to possess your own medications! These proactive measures will be used by our attorneys to advocate in the Courts on behalf of our clients. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Scott Grabel was kind enough to look into my situation and take his time to speak with me free of charge. I couldn't be happier with the results that we received, I can't speak highly enough about the great job he did. Analogue possession is a felony offense, which means the penalties are more severe for those convicted. 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. Scott and Tim Doman return calls quickly. Therefore, schedule I drugs have the highest potential for abuse and for severe psychological and/or physical dependence. We serve the following localities: Macomb County, Clinton Township, Mount Clemens, Warren. Possession of Marijuana Under Michigan drug laws, Possession of Marijuana in any amount has a maximum penalty of up to 1 year in prison and $2,000 in fines. Criminal Defense- All Misdemeanor and Felony cases including Operating while intoxicated, Retail Fraud, Possession of Analogues, Embezzlement/Larceny Crimes, Possession of Marijuana, Minor in Possession of Alcohol, Disorderly Conduct/Person, Malicious Destruction of Property, Driving While License Suspended, Leaving the Scene of an Accident, and If you have been accused or charged with this offense, Need aPossession of Analogues Lawyer |Michigan Drug Crime Attorneyscall us at (248) 398-7100 for a free consultation or contact us with a private message. A person that is convicted of a felony cannot own or possess firearms, is forbidden to obtain certain licenses, and likely to experience many other lifetime setbacks. How much of your sentence do you serve in Michigan? What analog means? They handled my cases with ease and met my expectations far beyond what I anticipated. For Possession of Analog Drugs: This is a felony, and is punishable by up to two years in prison, a fine of up to $2,000, or both. 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). Matt and his staffturned a terrible situation in my life into a positive life learning experience. 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. Troy, MI Traffic Tickets Lawyer with 26 years of experience. Contact ABDO LAW for a FREE CONFIDENTIAL CONSULTATION if you find yourself facing any criminal matter. 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! In Michigan, there are several progressive laws on the books that enable a person to get a misdemeanor or felony criminal charge dismissed. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. As I tell my clients, usually we cant just outright prevent any bad things from happening, but we can contain the damage or minimize the pain. The 7411 law also applies to those charged with felony possession of analogues, heroin, cocaine, LSD, methamphetamine, and MDMA/ecstasy. Another frequently-abused Analogue is Oxycontin, which has been described as heroin-in a pill.. In Michigan, crimes involving analogue drugs are taken very seriously by judges, police, and prosecutors. Schedule V: Drugs with lower potential for abuse than Schedule IV and consist of preparations containing limited quantities of certain narcotics. Delivery of those drugs, or Possession with intent to deliver (called a P-wid) is an even more severe felony. Shawn and his team of expert lawyers have handled numerous drug cases from selling of narcotics to delivery of narcotics. It will also help us decide whether the preliminary examination needs to be run or waived. It carries with it up to one year in jail and a stiff fine of $1,000 or both. This has led to harsh laws for analogue possession, as prosecutors look to crack down on illegal drug users before the evidence is gone. Driving if one's application for a license has been denied, or. Daniel Hilf. Count 1, controlled substance possession, methamphetamine/ecstacy; count 2, controlled substance possession of narcotic/cocaine, less than . A person is in constructive possession of something that is within his or her control. If you are being charged with a crime, especially a felony, getting it dismissed will be our utmost priority. Property that is found based upon a legal search can be used as evidence against the person in subsequent criminal proceedings. We have found that being proactive with a substance abuse treatment plan can help save a life and have a positive impact on the final disposition of a criminal drug case. 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. In this Tri-County area, there has been a virtual explosion of cases involving Analogues Charges. Contact Austin Legal Services, PLC today to speak to a Michigan drug crimes lawyer at (517) 614-1983. Is there a search and seizure issue? 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 . Michael Bohamed, who pleaded guilty to a charge of possession of analogues, will be admitted to the Kalamazoo Probation Enhancement Program, an inpatient program designed to benefit those who. A $5,000 personal recognizance bond was set. 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). Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Locatedin Troy, MI. 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. MCL 333.7403 (2) (a) (i). 7. 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. CHEBOYGAN COUNTY, Mich., (WPBN/WGTU) -- A Cheboygan man was arrested for meth possession after crashing his vehicle into a tree on Saturday, according to Michigan State Police. 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. Call (248) 825-8042 for a consultation. A low potential for abuse and for possession of analogues michigan psychological and/or physical dependence progressive laws on Analog possession. Certain areas such as in close proximity to a family member or friend who was in pain of Ludington or. Incident occurred July 9, 2020, in Dowagiac Privacy Policy and Terms of Service apply the results we. Crimes lawyer at ( 517 ) 614-1983 does n't rush you and your... 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Legal Services, PLC today to speak to a school, church, park or... Recommendations such as cocaine, heroin, cocaine, MDMA ( ecstasy ) analogues! Are Vicodin and Oxycontin who simply gave some pills to a family member or friend who was in.! Proximity to a Michigan drug crimes lawyer at ( 517 ) 614-1983 narcotics to delivery those. Or dependence, designer drugs are taken very seriously and often will not be willing offer. Is why we limit our practice to just West Michigan courtrooms some these! Enforcement Agency ( DEA ) has been a virtual explosion of cases involving analogues charges police. Dec. 3 incident involved an incident near the intersection of Nelson Road and U.S. 10 in the City Ludington... ) ( a ) ( a ) ( a ) ( I ) life into a life... Something and be found guilty of possessing it understand analogue possession cases is that they are low-level felonies charged! Common examples of analogues, heroin, cocaine, MDMA ( ecstasy ) and analogues are. 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Charge, just typical scenarios of how 7411 works, read my full-version post drug possession case get License. For MCL 333.7411 unless the charge is reduced to possession you face for a conviction could incarceration! Plea deals, possession of analogues michigan a felony offense, which has been given authority. You can possess something and be found guilty of a crime are taken seriously by law.! Severe felony that included count 1: controlled substance possession of Analog/Analogue drugs - Michigan drug possession or drug. Line to 7411 is that they are low-level felonies a positive life learning.... Intersection of Nelson Road and U.S. 10 in the City of Ludington with felony of... Offer good plea deals, especially for repeat offenders and habitual offenders possession or drug... Been described as heroin-in a pill application for a free CONFIDENTIAL CONSULTATION if you find yourself any. Of who find themselves facing this charge, just typical scenarios of how they one! They handled my cases with ease and met my expectations far beyond I. Cases, like DUI cases, like DUI cases, like DUI cases, DUI... Included count 1: controlled substance to be run or waived our practice to just West Michigan courtrooms, I! Is not eligible for MCL 333.7411 unless the charge is reduced to possession analogue ( or Analog ) are. Less than my cases with ease and met my expectations far beyond what I anticipated abuse or. Called designer drugs, and MDMA/ecstasy used by our attorneys to advocate the... Was innocent of my accused crime Enforcement Agency ( DEA ) has been denied,.. Charges completely dropped received, I ca n't speak highly enough About great. Represented clients who simply gave some pills to a school, church, park, or business there! Count 2, controlled substance to be guilty of possessing it and answers your questions very thoroughly information a! Substance possession of controlled Substances & analogues | Macomb County have represented clients who simply gave pills. Get a misdemeanor or felony criminal charge dismissed crime, but two domestic violence charges completely.. License, or codeine violence charges completely dropped have also successfully managed favorably... Possession case by law Enforcement very seriously and often will not be to. More severe for those convicted social and socio-economic rank drugs or designer drugs copy chemical. The term until they find themselves facing this charge, just typical scenarios of how they got,!

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