In Michigan, the most prosecuted drug or narcotics crimes include:
- Unlawful Use of a Controlled Substance
- Unlawful Possession of a Controlled Substance
- Unlawful Possession of a Controlled Substance with Intent to Deliver
- Unlawful Delivery of a Controlled Substance
- Unlawful Manufacture of a Controlled Substance
- Maintaining a Drug House
During a drug crime case, defense attorneys can raise a wide range of defenses. If the stop or detention that led to the seizure of the drugs was illegal, then the criminal defense attorney should file and litigate a motion to suppress. If the motion is passed, then the judge is likely to reduce the penalties or dismiss the charges altogether.
Other defenses go to the sufficiency of any proof showing that the defendant possessed the substance or knew it was a drug. In some cases, the criminal defense attorney can file a motion to dismiss because the prosecutor does not have sufficient evidence. There are other admissible defenses that can be used at trial and are effective against drug charges.
These defenses can be utilized by an experienced defense attorney who has in-depth knowledge of criminal procedures and drug laws. They can study the facts surrounding your case to find vulnerable spots in the prosecution’s argument. For these reasons and more, it’s highly recommended you secure legal representation as soon as possible if you’ve been accused of a drug crime.
Drug Offense Oakland County Lawyer, MI
If you were charged with a drug crime for possessing, using delivering, or manufacturing a controlled substance, then it’s imperative you secure legal representation immediately. Find aggressive and effective legal counsel by getting in contact with the legal team at Dallo Law, P.C..
Dallo handles all phases of the criminal prosecution. He can be ready to represent you as a criminal investigation begins, during the time when the prosecutor reviews the warrant, through evidentiary motions to suppress or exclude evidence, and if necessary, to trial. Don’t waste another moment wondering what to do next and instead get started on building a formidable defense with Dallo Law, P.C.. Call (248) 283-7000 today to set up your first consultation for free.
Dallo Law, P.C. accepts clients throughout the greater Oakland County and Macomb County area inclduing Warren, Clinton Township, Sterling Heights, Mount Clemens, St. Clair Shores, Roseville, Bloomfield Hills, Southfield, Pontiac, Rochester, Auburn Hills, West Bloomfield Township, Farmington Hills and Madison Heights.
- Evidence Showing Possession of a Controlled Substance
- The Prescription Defense for Drug Crimes in MI
- Medical Marijuana Affirmative Defense in MI
- Additional Resources
Evidence Showing Possession of a Controlled Substance
As explained under Michigan law, the term “possession” does not necessarily mean ownership. Instead, the term “possession” means that either:
- The person has actual physical control of the substance; or
- The person has the right to control the substance, even though it is in a different room or place.
The term actual physical control means that the defendant had the drugs on their body or person. For instance, if a person is holding a pen, then they have physical actual control of that object. A person has a right to control a substance if it’s shown they have complete authority over it. For example, if a person hid drugs in a locked box in another home they would then be have the right to control the substance.
Possession may be sole, where one person alone possesses the substance. Alternatively, possession may be joint, where two or more people each share possession.
Under Michigan law, it is not enough to convict if the defendant merely knew about the substance. Instead, the prosecution must prove they possessed the substance by having actual physical control over the substance or the right to control the drug.
The Prescription Defense for Drug Crimes in Michigan
Michigan law provides several exceptions to or exemption from the Controlled Substances Act. For example, the use or possession of a controlled substance with a prescription is excepted from a criminal violation of the Controlled Substances Act under MCL 333.7403(1) or MCL 333.7404(1).
This means that it is a defense to the charge if the defendant had a valid prescription for the substance at the time of the arrest. It also applies if the defendant was authorized to manufacture, deliver, possess, or use the substance identified as the controlled substance.
If the defense presents competent evidence that the defendant had a valid prescription or was otherwise authorized to possess the substance, then the jury must take that information into consideration when deliberating the verdict. For this defense, the defendant has the burden of proving the valid prescription or authorization to manufacture, deliver, possess, or use the substance by a preponderance of the evidence.
Medical Marijuana Affirmative Defenses
As explained under the Michigan Criminal Jury Instructions Section 12.9, the Medical Marijuana Affirmative Defense applies to the acquisition, possession, cultivation, manufacture, use, delivery, transfer or transportation of marijuana when it was permitted for medical purposes.
As an affirmative defense, the burden is on the defendant to prove that a medical purpose existed by a preponderance of the evidence. A preponderance of the evidence means that the defendant must prove that it is more likely than not that each of the elements is true.
- First, that a physician provided a professional opinion stating that the defendant or the defendant’s patient is “likely to receive therapeutic or palliative benefit from the medical use of marijuana to treat or alleviate a serious or debilitating medical condition or the symptoms of a serious or debilitating medical condition.
- Second, that the defendant had no more marijuana than was reasonably necessary to ensure the uninterrupted availability of marijuana for the purpose of treating or alleviating the defendant’s or the defendant’s patient’s medical condition or symptoms.
- Third, that the defendant was engaged in the act to treat or alleviate the defendant’s or the patient’s medical condition.
Narcotic Enforcement Team (NET) – Since January of 2011, the Narcotic Enforcement Team (NET) has been led by the Oakland County Sheriff’s Office while working to investigate drug trafficking organizations operating within Oakland County, MI. The Narcotics Enforcement Team in Oakland County, MI, works with federal agencies, including the Drug Enforcement Agency (DEA). Each year, NET seizes millions of dollars worth of illegal drugs and U.S. Currency for civil asset forfeiture proceedings.
Narcotics Section of the Oakland County Prosecutor’s Office – The Narcotics Section of the Oakland County Prosecutor’s Office is comprised of experienced prosecutors focused on major drug traffickers, serious repeat offenders, and conspiracies to deliver controlled substances. The section of the prosecutor’s office focused on drug crimes is part of a multi-jurisdictional task force of federal, state, and local agencies.
Oakland County Attorney for Drug Crimes | Michigan Criminal Lawyer
For most people, facing a drug charge is profoundly life changing and a frightening experience. Not to mention the criminal justice system in Michigan is complex. Going into the judicial process alone isn’t only not recommended but could cost you your freedom. Do not let this happen to you. Hiring an experienced criminal defense attorney will significantly increase your chances of receiving reduced charges or having them dismissed altogether.
Find excellent legal representation with the legal team at Dallo Law, P.C.. We truly care for our client’s results and will work tirelessly to protect you from a harsh sentence and criminal record. Fight back by calling Dallo Law, P.C. at (248) 283-7000 today for a free consultation. Dallo Law, P.C. accepts clients throughout the greater Oakland County and Macomb County, Michigan area.