Possession of Analogues (Designer Drugs) by Jared Austin on Nov. 25, 2013. Attorney Shawn HaffWe are available by phone 24/7, 250 Monroe Ave NW Suite 304 Grand Rapids, MI 49503, Delivery Manufacture Of A Controlled Substance. A person is now facing up to 15 years in prison and a fine of up to $250,000 or both! We protect innocent clients facing wrongful allegations in drug crime cases, and will prove your lawful use of an analog in your case. Metro Detroit: 586-412-5555, Toll Free: 844-Got-Abdo. He was arraigned Monday at 89th District Court on charges of possession of methamphetamine, possession of analogues, reckless driving, and operating while intoxicated. Prosecutors and police officers vigorously purse charges against those in possession of these drugs. There is a section of Michigan law, known as 7411 (Click here for the official listing ) that allows a person with no prior drug record to work out a deal, in either a possession case, or one which can be reduced to possession, which keeps the entire case off their record. In addition, it is not a defense to produce a third persons prescription since you only have the right to possess your own medications! 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. Even if that is true, it is still no legal defense to being in possession of these pills that they were not prescribed. The penalties under Michigan law for possessing these drugs are extremely serious. These drugs, particularly when taken in high doses, produce effects similar to those found with the use of cocaine, heroin, ecstasy, and other illegal drugs or substances. 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. If there are no prior drug convictions, your drivers license may be suspended for six months. The federal Drug Enforcement Agency (DEA) has been given the authority to immediately issue a ruling for certain analogues to become illegal. Lately, we are seeing several cases that involve illegal possession of Xanax and Adderall. 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. Satisfied Client, 2 Separate Assault Charges DISMISSED. The next order of business is to scrutinize the search or the discovery of the drugs. The level of service exceeded my expectations, your devotion to my refusal to settle for a lessor misdemeanor was reassuring and inspired, and the team's creative interpretation of the law in finding a comparable civil infraction was legendary. 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. While old medical records and prescriptions are useful in our negotiations, in most cases they will not support an outright dismissal. CFR Title 50. Grabel and Associates will defend without prejudice of innocence or guilt. Other people become addicted to designer drugs because they were suffering from an injury and used these drugs to help them cope with the severe pain they were feeling. Users wanted to experience the same effects of an illegal drug without being charged with a drug crime. He gave me reassurance that I had nothing to worry about. Information about this arrest can be found below. I would tell anybody trying to get their License back they need to talk to you. In criminal matters, possession is broadly defined. These penalties may be enhanced depending on factors such as the location of the offense committed and prior drug convictions. 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. Delivery of those drugs, or Possession with intent to deliver (called a P-wid) is an even more severe felony. MCL 762.11: This statute allows youthful offenders to get a drug crime, including one involving delivery dismissed and the record sealed. I was so happy when I got the letter in the mail that said I had won. Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation or contact us with a private message. The legal definition of possession covers actual physical possession and constructive possession. The big difference is that 1P does not succumb to the same regulations as LSD . In addition, overdose deaths accelerated during the COVID-19 pandemic. 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! Satisfied Client, Assault Charge DISMISSED. Satisfied Client, 2 Separate Assault Charges DISMISSED. Wildlife and Fisheries 50 CFR Section 300.181. If you have a drug problem, we will ask the court for a rehabilitative disposition. The penalties for possession of fentanyl are as follows: If the amount of fentanyl is 1,000 grams or more, the penalty is a felony conviction punishable by imprisonment for life or any term of years or a fine of not more than $1,000,000.00, or both. Grosse Pointe, Sterling Heights, Oakland County, Pontiac, Troy, Auburn Hills, Madison Heights, Wayne County, Detroit, Plymouth, Highland Park, and Romulus. Let our highly rated team of criminal defense lawyers manage your drug case from A to Z to get your seized property returned and the best resolution possible. 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. Publication history edit. Drugs that are considered dangerous or highly addictive are classified as felonies. Pursuant to Michigan Public Health Code section 333.7403(1), A person shall not knowingly or intentionally possess a controlled substance, a controlled substance analogue, or a prescription form unless the controlled substance, controlled substance analogue, or prescription form was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of the practitioners professional practice, or except as otherwise authorized by this article.. 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. I would have been lost without this five-star Law Firm. February 25, 2023, at approximately 11:58 p.m. troopers from the Michigan State Police (MSP) Traverse City Post stopped a vehicle on Gonder Road near US-31 in Green Lake Township for a registration violation. All criminal offenses that are classified as drug delivery or drug trafficking are felonies in Michigan. felony drugs (preceding 7 years) 333.74032c-a The incident occurred July 9, 2020, in Dowagiac. Phone messages after business hours are forwarded to our attorneys 7/24/365. I would recommend Scott Grabel and Associates to my friends, family and anyone who is in need of representation. Users quickly found out that they could use designer drugs (analogues) which were similar enough in their chemical compound to give them a faux sensation. If a person is charged with possession of an analogues, they will face a felony offense. Analogue Drug Laws in Michigan Premier Michigan Analogue Drug attorneys. I worked with polygraph examiners, investigators, and forensics experts. 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. Best attorney in state of Michigan. Analogues can include Vicodin, OxyContin, China White, and other prescription or street narcotics. 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)). If you are being charged with a crime, especially a felony, getting it dismissed will be our utmost priority. Analogue drugs were initially created to replace drugs that were deemed illegal by the federal government. Jail and a felony conviction can both be avoided if you are charged with a drug crime such as possession of analogues. Our experienced team of Michigan analog drug possession attorneys is focused on protecting your legal rights, and keeping you out of jail. In Michigan, the penalties for analog drugs are: For Use of Analog Drugs: This is a misdemeanor charge. You may believe that because the drug isn't actually heroin, cocaine, methamphetamine or other drugs frequently involved in criminal activity that it is no big deal. These proactive measures will be used by our attorneys to advocate in the Courts on behalf of our clients. 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. Arrested by Mason County Sheriff's Office. In my Criminal Practice, when I am, for example, contacted by someone who has been charged with Possession of Analogues, I first investigate the case to find out if there is a way to beat the case. Branch Twp. Contact our lawyers to find out if you are eligible to get your criminal charges reduced and get your case dismissed under MCL 333.7411. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. 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. If the case is solid or cannot be dismissed, then the next phase is what I call mitigating the damage. Possession of analogue drugs without a valid prescription is a felony in the State of Michigan. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The Center for Disease Control says that the drug overdose epidemic continues to worsen in the United States. The contact form sends information by non-encrypted email, which is not secure. Read the code on FindLaw The Michigan statute found at MCL 333.7411 enables eligible offenders to get misdemeanor or felony drug crimes dismissed without jail and without going to trial. 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. Possession of Analogues (Designer Drugs) Posted on November 27, 2013 by Jared Austin Analogues, also known as "designer drugs," are substances with a similar chemical structure to a Schedule I or Schedule II controlled substance (heroin, cocaine, marijuana). The NY Senate's prepared report on the threat of analogue drugs revealed that there were allegedly 6,000 residents of New York hospitalized in 2015 because of synthetic cannabinoids. Search Code of Federal Regulations. This program will allow his clients to get a criminal conviction for possession of analogue off their record. The contact form sends information by non-encrypted email, which is not secure. We are available to our clients 24/7, so do not delay in contacting our office. Many designer drugs can pass through drug a screening test, which creates a problem for Michigan police, parole officers, and drug enforcement teams. In cases where there is no clear way to beat the case, I will next see if the person is eligible for a negotiated arrangement which will allow them to keep the whole thing off of their Record. The majority of overdose deaths involve opioids. Schedule V drugs are generally used for antidiarrheal, antitussive, and analgesic purposes. Daniel Hilf is a top rated, award winning, lawyer with over 20 years of experience inside and outside the courtroom. Five Stars! The DEA can also issue immediate rulings on designer drugs, allowing states to outlaw possession and use as soon as the substance is ruled illegal. Our criminal defense strategies have been proven in counties statewide, and we will apply our dynamic and effective tactics to your fight for justice. Possession of marijuana. Scott Grabel was kind enough to look into my situation and take his time to speak with me free of charge. Call our law firm at 1-800-342-7896 now for a free consultation, or contact us online. Scott Grabel was able to lead me through every step of the process with great communication the whole way. We service all communities , . 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