Drug Possession Lawyer Grand Rapids, MI
As a drug possession lawyer Grand Rapids, MI relies on, Blanchard Law can defend you in a drug possession case.
The are a range of factors in your case that determine potential outcomes; among other factors, police and prosecutors will consider the type of drug possessed and how much of the drug you possessed in determining what you will be charged with and as a result, what the penalties may be. Regardless, a charge for drug possession is a serious offense and it is important to have an attorney on your side.
Defending a Drug Possession Case
In approaching a drug possession case, an experience attorney will look at the police investigation and ensure that your constitutional rights were protected. If drugs were found in the vehicle following a traffic stop, the stop must be conducted in a constitutionally valid manner. The search must also be lawful. If police conducted a search warrant, the warrant must have been properly obtained and executed to be valid. It is also important to consider whether the prosecution can establish that the possession was knowing, meaning that you were aware and intended to possess the drugs you are accused of possessing.
The various avenues of defense mentioned above are important to consider regardless of whether you are accused of possessing marijuana, cocaine, heroin, LSD, methamphetamine, or any other drug. Marijuana, however, has other possible defenses under the Michigan Medical Marijuana Act (MMMA). It is important to have an attorney who understands how to apply the defenses to your case and keeps current on the changes in the MMMA.
There may come a time in your case where it is prudent to consider resolving the case in a way that avoids having a trial. As discussed previously, being charged with drug possession encompasses a wide range of possibilities when it comes to potential outcomes.
One option that exists is a plea and sentencing under a deferral commonly known as “7411.” It is a law under Michigan Compiled Laws 333.7411 that allows you to plead guilty to a drug possession charge and upon successful completion of probation, it will never enter onto your criminal record. In order to be eligible, a person can not have any prior drug crimes on their record. In order to get the benefits of the deferral, the probation must be completed without any problems, which includes new arrests or positive drug tests. The end result is ideal—the whole case is dismissed, and it does not show up on the public record.
There are other similar methods for keeping convictions off a person’s record, such as the Holmes Youthful Trainee Act, or HYTA, or in contrast, a method that enters the record but is removed following a completion of a term of probation.
Given the wide range of possible penalties, defenses, and outcomes, it is important to have an attorney who understands how to best defend you against drug possession charges. If you’re in need of a drug possession lawyer Grand Rapids, MI trusts, contact Blanchard Law to speak with an attorney about your case.
Drug possession charges are no joke. Depending upon what state you live in, you could be facing steep fines as well as hefty prison time. It seems like in today’s society that if you are arrested on a drug possession charge that you will be immediately convicted, but that is not entirely true. With a good drug possession lawyer from Grand Rapids, Michigan, you can mount a solid defense to help you defeat your drug possession charges. Here are three criminal defenses that have been used to win drug possession cases.
- Treat your case as high priority.
While this may seem obvious to you, many prosecutors view drug possession cases as a lower priority than say a murder or other violent crime case. You can use this to your advantage. Prosecutors can be given hundreds of caseloads a month and can sometimes be convinced to lower a sentence or even drop the charges. If your Grand Rapids MI drug possession lawyer files lots of paperwork, depositions, and other document requests to show that you are serious about your innocence, you may be able to get the prosecution to come to a deal that works out in your favor. Make your case a high priority for you and follow all the proper procedures – including all the paperwork – and you may have a better chance of winning your case.
- The drugs aren’t yours.
Sometimes the police officer doesn’t take into account that you were driving your friend’s car the night you were arrested for drug possession. For example, say you borrowed your friend’s car to run an errand. You get pulled over for speeding and the officer finds a reason to search the car. He finds marijuana in the glove compartment and arrests you for possession. Just because you were in the vehicle, doesn’t necessarily mean the drugs were yours. This same logic applies to a home or residence as well. The police need to prove that the drugs were, in fact, yours and not someone else’s who live in the house. A good Grand Rapids MI drug possession lawyer will use this fact to prove reasonable doubt to a judge or jury.
- Challenge the lab results.
As ridiculous as this sounds, the police need to prove that you were actually in possession of a drug and not something that just looks like a drug. You need to verify with the crime lab that the substance you were found with is indeed a controlled substance (or illegal drug). Many times the prosecution will be required to have a lab technician testify in the trial to prove that it was an illegal drug (and getting them in the room can be a challenge with their full schedules). Adding this additional layer of complexity to your case shows the prosecution you are serious about defending yourself against the charges and could play a role in coming to a deal.
There are many ways to fight a drug possession charge. The three listed above are just a few common criminal defenses. Whatever defense you decide to take, make sure it is strong and you have the right people on your team. Drug possession penalties can be severe and you don’t want to take it lightly. If you have been charged with a drug crime, contact a drug possession lawyer Grand Rapids MI clients recommend from Blanchard Law to ensure your rights are protected.