In addition, overdose deaths accelerated during the COVID-19 pandemic. That is accomplished by successful plea negotiations which can render a reduction in charges, a sentencing agreement which limits or eliminates jail, or reduces the charge so the defendant is eligible for a deferred sentencing option such as 7411 which not helps him earn a non-public record, but prevents the mandatory drivers license sanctions. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Do not hesitate to consult with our Macomb County drug crime lawyers for immediate answers to your most pressing questions and a same day appointment or jail visit if necessary. There is no typical profile of the people of who find themselves facing this charge, just typical scenarios of how they got there. All criminal offenses that are classified as drug delivery or drug trafficking are felonies in Michigan. The federal Drug Enforcement Agency . It will also help us decide whether the preliminary examination needs to be run or waived. We can help! In the worst cases, some people realize that the cost and difficulty of obtaining these drugs is actually more than using one the drugs they are chemically similar to, heroin. There are several ways that we can get a drug crime under control. Driving if one's application for a license has been denied, or. (mugshot unavailable.) 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. We can help! 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. 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. We will protect your rights and fight back against aggressive drug crime enforcement teams. In Michigan, crimes involving analogue drugs are taken very seriously by judges, police, and prosecutors. (248) 792-2590. I had the opportunity to meet and work with multiple lawyers in the practice all of which showcased a vast knowledge and understanding of the inner workings of the legal system. 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). 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. Satisfied Client, 2 Separate Assault Charges DISMISSED. 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. When someone is charged with an alcohol or drug crime, our firm will try to identify if it is the result of alcoholism, abuse, an underlying substance abuse problem or addiction. The contact form sends information by non-encrypted email, which is not secure. Analogue drugs include the following: Vicodin, Xanax, Adderall, Percocet, Valium and oxycontin. MCL 333. 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 . If there are no prior drug convictions, your drivers license may be suspended for six months. 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. Analogue drugs were initially created to replace drugs that were deemed illegal by the federal government. I thank you so much for all your help and would be so happy to give your name to anyone who needs to get their license back. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Vicodin, Valium, Oxycontin and other analog drugs are illegal to possess when the user does not have a valid prescription from a doctor. Desperate individuals will write fake prescriptions on fake prescription pads or phony call ins in an attempt to unlawfully obtain prescription medicine. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. He was arraigned on felony charges that included count 1: controlled substance - possession of analogues . Delivery of those drugs, or Possession with intent to deliver (called a P-wid) is an even more severe felony. Analogue drugs are chemically similar to illegal narcotics, and often have the same effects on users. Abdo law FOUGHT and got my DUI kicked out of court when my job was on line. We have dealt with undercover police officers and the drug enforcement teams. Assemble the best professional team of specialists available if you or a loved one has a substance abuse problem. Lately, we are seeing several cases that involve illegal possession of Xanax and Adderall. Count 1, controlled substance possession, methamphetamine/ecstacy; count 2, controlled substance possession of narcotic/cocaine, less than . It is punishable by up to one year, a fine of up to $1,000, or both. Schedule II: Drugs with a high potential for abuse, with potential to result in severe psychological or physical dependence. Delivery or intent to manufacture a drug is a much more serious felony charge. . We're still early but I will post an update throughout our process. 7403 provides that a violation of this section as to a controlled substance classified as an analogue is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both. A possession of a controlled substance charge is either a misdemeanor or a felony in Michigan. For instance, sentencing may be enhanced for those with prior drug convictions, or if the crime (selling, distributing, etc.) Analogue possession is a felony offense, which means the penalties are more severe for those convicted. 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. the Michigan Department of State Police of the reporting agency's activities regarding forfeiture of property under the following sections of law: Public Health Code, MCL 333.7521-333.7533 (Controlled Substances); the Identity Theft Protection Act, MCL 445.79d; Revised Judicature Act of 1961; MCL 600.4701-600.4709 Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. This provision applies to youthful offenders age 18 but before age 26. Matt and his staffturned a terrible situation in my life into a positive life learning experience. You are not required to be a snitch or cooperate with the police to get your drug crime dismissed pursuant to 7411. In mid-October 2021, the Michigan State Police received "a few, vague details" about Baker, including information that he had possession of bombs and was seeking revenge. 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. Something, such as drugs, can be within a persons control if it is inside a locked glovebox, a storage locker or in a personal dresser drawer. If there are one or more prior drug convictions within the last seven years, your drivers license may be suspended for one year. I would have been lost without this five-star Law Firm. We will explore all of the options, advise you of the legal process, answer your questions, and use all of our skill, knowledge, and experience to obtain positive results in your case. However, if the drugs do not match up to a current prescription, the police will charge the person with illegal possession of analogues. He doesn't rush you and answers your questions very thoroughly. Vermont's law went into effect July 1, 2018. Eric John Stone, 20, marijuana possession, second-offense DWLS and two counts of possession of analogues on Oct. 5, one year in jail with all but 10 days held in abeyance and credit for one day . Once probation is successfully completed, our clients never have to worry about that charge being on their record. Possession of illegal drugs, including analogues and medications without a valid prescription, are all crimes that can be dismissed pursuant to MCL 333.7411. This has led to harsh laws for analogue possession, as prosecutors look to crack down on illegal drug users before the evidence is gone. Just starting the case. Other factors will also affect the penalties. This latter remains the character's archetype to . In order to perform a search on a person, vehicle, or home, the police need either a search warrant or a valid exception to the search warrant requirement. These laws were created in response to state He was given a $10,000 bond after his . 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. Possession of methamphetamine or ecstasy (MDMA) is a felony, punishable by; 10 years in prison $15,000,00 fine, or both Possession of a drug listed in schedule 1, 2, 3, or 4 or analogue that is not a narcotic drug or cocaine is a felony, punishable by; 2 years in prison $2,000.00 fine, or both Possession of marijuana. Is there a search and seizure issue? 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.. I can help with this, and it will have a huge payoff for the better outcome of your case. 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. The call is free, will you be? 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. Title 21 United States Code (USC) Controlled Substances Act, Driving Under the Influence (Alcohol, Drugs, OWI, High BAC). A person is now facing up to 15 years in prison and a fine of up to $250,000 or both! PREMIUM. Under Michigan law, use of analogue is only a misdemeanor charge. felony drugs (preceding 7 years) 333.74032c-a It is also used as a tool by prescribers and dispensers to assess patient risk and is also used to prevent drug abuse. In addition, the Court is likely to require random drug and alcohol testing for someone who is in the system for any alcohol or drug crime. Possession of Analogues Drugs is Serious Crime In Michigan! When the police do not play by the rules and a search is found to be illegal, the property found cannot be used in a subsequent criminal case and is suppressed. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Some examples are: hydrocodone (Vicodin), cocaine, methamphetamine, methadone, oxycodone, fentanyl and Adderall. Located in Troy, Michigan. Users wanted to experience the same effects of an illegal drug without being charged with a drug crime. We serve the following localities: Macomb County, Clinton Township, Mount Clemens, Warren. Drugs and chemicals used to make drugs are classified into five (5) schedules depending upon the drugs medical use and the abuse or dependency potential. We serve the courts in the following localities and all of the municipalities within their jurisdiction, as well as the surrounding areas: Oakland County including Bloomfield Hills, Michigan Criminal Lawyers who will make Things Better, Possession of Controlled Substances and Possession of Analogues, Five stars hands down!! The contact form sends information by non-encrypted email, which is not secure. Wildlife and Fisheries 50 CFR Section 300.181. Driving while one's license is suspended (DWLS), 2. 333.74032b1 controlled substance - possession of methamphetamin/ecstacy felony drugs (preceding 7 years) 333.74032b-a controlled substance - possession/analogues felony drugs (preceding 7 years) 333.74032b-b controlled substance - possession (substance added to schedules 1, 2, 3, or 4 by rule). Traffic Tickets Lawyer Serving Michigan. 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. It was a way to have the fun without the fear of going to jail. These drugs can produce pleasurable highs when they are taken in high doses. Possession of analogue drugs without a valid prescription is a felony in the State of Michigan. The Abdo Law Firm represented myself during one of my biggest times of need in my life. This is not the case. The record is non-public and is sealed after the case is dismissed. Satisfied Client, 2 Separate Assault Charges DISMISSED. 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! Never go to court without a lawyer because the judge, prosecutor and court clerks will not give you legal advice. 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. Other designer drugs, such as a-methylfentanyl, methedrone, and benzylbutylbarbiturate are also considered similar to illegal narcotics and are therefore illegal in Michigan. Baker is also charged with multiple counts of delivery or manufacture of meth, possession of narcotics or cocaine, possession of analogues, operating while intoxicated . The most common examples of analogues that defendants get charged with are Vicodin and Oxycontin. Attorney Shawn Haff has handled successfully numerous drug cases and knows how to get his clients the best results possible. Getting Retail Fraud Cases Dismissed in Macomb County! Thank you Abdo law!!!! 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. (a) A counterfeit substance classified in schedule 1 or 2 which is either a narcotic drug or a drug described in section 7212 (1) (h) or 7214 (a) (iv) or (c) (ii), is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $10,000.00, or both. 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 is whats technically called a High Court Misdemeanor, meaning it carries up to 2 years in Jail. All drug crimes that involve possession are eligible for dismissal pursuant the following Michigan laws: Felony drug crimes, including drug crimes that involve delivery, can also be dismissed pursuant to certain provisions of law. Its as if the whole thing never happened. We specialize in representing clients charged with all types of drug crimes, such as these: Possession of drugs, narcotics, or any controlled substance. Read More 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. They will turn over every stone to try to charge a person in possession of these drugs into distribution and manufacture charges which carry with it substantial prison time. Analogues are easily obtainable on the streets or at job sites such as construction sites. 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. It also determines what legal rules and Constitutional standards apply. I worked with polygraph examiners, investigators, and forensics experts. The incident occurred July 9, 2020, in Dowagiac. Similar crimes involve obtaining medicine without a prescription or prescription fraud. Call us toll-free today at 1-800-342-7896 for a free initial evaluation of your case or fill use our online contact form. He fought for a great injustice for our son and was able to provide an outcome that gave his life back. Do not face a felony charge for possession of analogues without having Shawn by your side! Many individuals became involved with analogue drugs at a time when it was believed they could experience a similar high or sensation to more dangerous or risky drugs, without the fear of being arrested. We service all communities , . In the state of Michigan, analogue drug use is considered a misdemeanor offense, which is typically less serious than a felony offense. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. I choose Grabel and Associates to represent me in my case and I could not have been more satisfied with the level of professionalism and dedication to their clients. A lot of people become addicted to analogues because they feel they can get a similar high to more risky drugs such as cocaine and not deal with the fear of being arrested. Not only did they got one, but two domestic violence charges completely dropped. Scott Grabel is a very down to earth kind of guy. 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. 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. Call (248) 825-8042 for a consultation. 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 plain truth is that unless the whole case goes away, that person is going to be ordered into counseling or treatment anyway, so why not get a head start that can help your case so much? Analogue drugs which are very similar to illegal Schedule 1 or Schedule 2 illicit substances can result in the same punishments as those highly addictive narcotics. Typically, a person is found in possession of some pills for which they did not have a valid prescription. Daniel Hilf is a top rated, award winning, lawyer with over 20 years of experience inside and outside the courtroom. Karar Mohamed, 24, has been charged with one count of carrying a concealed weapon and one count of possession of analogues, a controlled substance. The majority of overdose deaths involve opioids. 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. 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. If I am ever in need of an attorney in the future I will be calling Scott Grabel and will highly recommend him to anyone with a legal issue. They handled my cases with ease and met my expectations far beyond what I anticipated. When our clients have no prior drug convictions, Shawn will work hard to get the 7411-diversion program. 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. How much of your sentence do you serve in Michigan? Vicodin and Oxycontin are good examples of these "designer drugs," which usually come in pill form. If you have a prior drug crime on your record, then the focus changes from keeping this off your record to keeping you out of jail, and if possible, keeping you out of all kinds of drug education and/or rehab programs. While old medical records and prescriptions are useful in our negotiations, in most cases they will not support an outright dismissal. As you can see, possession of analogues or any controlled substance case, is very complex with a lot of variables that factor into it. 7403. Phillip Daniels. We have also successfully managed cases favorably for repeat offenders and habitual offenders.