Drug Charges

Do You Need The Help of a Drug Charges Attorney?

If you are facing drug charges, you are probably anxious about the impact a conviction may have on your future. You may have many questions., Our drug charges attorney team is prepared to answer your questions and help you navigate this challenge.

Many types of drugs are categorized as illegal according to the dangers they pose for their users and society, and these crimes often carry serious consequences of respective severity. It should come as no surprise that it is against the law to possess drugs and prescription medications without a valid prescription.

Many people are unaware that you can be charged with a drug possession crime just by being in the place where the drug is being used or stored; this is called a constructive possession charge. You can also be charged in many instances when you know where the drugs or controlled substances are located but they are not physically on your body. An example would be drugs under the passenger seat of your vehicle.

If you are facing drug charges or you expect you may soon be charged, you should begin working with an experienced drug crime attorney immediately. Contact LaBre Law Office today to schedule a consultation and begin building your criminal defense strategy.

Understanding Criminal Marijuana Charges in Michigan Following Legalization

In an era of increasing “legalization,” many people do not understand that there are several circumstances under which use of marijuana remains a crime. While medical and recreational use Marijuana in Michigan was legalized in November 2018, there are places and instances where it is not legal. Marijuana use remains illegal in Indiana.

It is important to understand the following restrictions on marijuana use in Michigan:

• Medical patients are allowed 2.5 grams a day up to 10 grams per month.
• Recreational users are allowed to possess 2.5 grams at a time and no more than 15 grams in the concentrated form.
• You cannot drive while under the influence or consume marijuana in a vehicle.
• You cannot possess or consume marijuana on a university campus that receives federal funding.

Contact our experienced drug case lawyer team at LaBre Law Office can assess the details of your case and help you determine your next steps if you are facing marijuana drug charges after allegedly violating marijuana laws.

Understanding Drug Categorization According to The Drug Enforcement Agency

There are many different drug charges with varying degrees of penalties. The severity of these penalties depends upon the type of substance, the amount in possession, and several other factors. They are tied directly to a given drug’s classification.

According to the DEA:

• Schedule I: 

Drugs, substances, or chemicals with no currently accepted medical use and a high potential for abuse. Examples include: heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), 3,4-methylenedioxymethamphetamine (ecstasy), methaqualone, and peyote.

• Schedule II: 

Drugs, substances, or chemicals with a high potential for abuse, with use potentially leading to severe psychological or physical dependence. These drugs are also considered dangerous. Examples include: combination products with less than 15 milligrams of hydrocodone per dosage unit (Vicodin), cocaine, methamphetamine, methadone, hydromorphone (Dilaudid), meperidine (Demerol), oxycodone (OxyContin), fentanyl, Dexedrine, Adderall, and Ritalin.

• Schedule III:

Drugs, substances, or chemicals with a moderate to low potential for physical and psychological dependence. Examples include: products containing less than 90 milligrams of codeine per dosage unit (Tylenol with codeine), ketamine, anabolic steroids, testosterone.

• Schedule IV:

Drugs, substances, or chemicals with a low potential for abuse and low risk of dependence. Examples include: xanax, Soma, Darvon, Darvocet, Valium, Ativan, Talwin, Ambien, Tramadol.

• Schedule V:

Drugs, substances, or chemicals with lower potential for abuse than Schedule IV and consist of preparations containing limited quantities of certain narcotics. Schedule V drugs are generally used for antidiarrheal, antitussive, and analgesic purposes. Examples include: cough preparations with less than 200 milligrams of codeine or per 100 milliliters (Robitussin AC), Lomotil, Motofen, Lyrica, Parepectolin.

Drug Possession Charges

The penalties for drug possession vary significantly based on the schedule of the drug, the amount possessed, and prior convictions. Possession of any amount of a Schedule 1 or 2 drug — like cocaine, heroin, or methamphetamine — is a felony with potential penalties of up to 10 years imprisonment and fines up to $15,000, or both. However, if the quantity exceeds 1,000 grams, the penalty may escalate to life imprisonment and fines up to $1 million.

Repeated drug possession offenses can lead to increased penalties, including mandatory minimum sentences. Moreover, a criminal record can affect housing, employment opportunities, and loan eligibility.

Defending Against Drug Possession Charges

In terms of evidence and defense strategies, each case is unique. Your defense might involve challenging the legality of the search that led to the drug discovery or questioning the handling and testing of the substances. If you’re facing drug possession charges, it is imperative to consult with a seasoned drug possession attorney immediately to protect your rights and effectively navigate the complex legal process.

Drug Sale or Distribution Charges (Drug Trafficking)

In Michigan, the sale or distribution of drugs is taken very seriously and often carries more severe penalties than simple possession. The punishment varies based on the type and amount of drug sold or distributed, as well as prior convictions.

Sale or distribution of Schedule 1 or 2 drugs, like cocaine, heroin, or methamphetamine, is typically a felony. If the quantity is less than 50 grams, it carries a potential penalty of up to 20 years imprisonment and fines up to $25,000. However, if the quantity exceeds 1,000 grams, the penalty may escalate to life imprisonment and fines up to $1 million.

Defending Against Drug Sale and Distribution Charges

When defending against these charges, strategies might include challenging the legality of the search and seizure, questioning the handling and testing of the substances, or disputing the intent to sell or distribute.

The following additional defense strategies may apply to your case:

• Suppression of evidence may be a possible strategy if it was collected through an illegal search or if there were errors in the chain of custody.
• A plea bargain, where the defendant pleads guilty to a lesser charge, is something we may be able to consider in some cases to avoid the risk of harsher penalties at trial.
• Presenting mitigating factors: If a criminal drug charges case leads to sentencing, a criminal drug charges attorney may seek to lessen the negative impact of a guilty verdict by highlighting factors such as the defendant’s character, lack of prior convictions, or circumstances surrounding the offense.

Facing drug sale or distribution charges can significantly impact your life. It’s crucial to consult with an experienced and knowledgeable drug trafficking attorney immediately if you are charged with illegal drug sales or distribution.

Contact LaBre Law Office to Discuss Your Drug Charges Case & Begin Planning Your Criminal Defense Strategy

Drug charges can have the potential impact the rest of your life. These crimes hang over your head for years to come. When it comes to your future, you need an ally, someone who can fight for you. That’s where the experienced attorneys at LaBre Law Office come into play; we do not shy away from any case. We can help you throughout the “Michiana” area, on either side of the Michigan-Indiana border.

Contact LaBre Law Office today to schedule a consultation. We will meticulously examine the facts and any charges against you as we work together with you to build an appropriate legal strategy to protect your freedom and your future.

LaBre Law Office — Excellence is Our Standard