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. No matter what drug crime charge you face, our experienced lawyers are available to help right away. Creation, Manufacturing, or Delivery (Possession with Intent to Deliver) punishable by up to 15 years in prison and $250,000 in fines. Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation or contact us with a private message. The possession of analogues charge was from an incident Jan. 14, 2022. I was so happy when I got the letter in the mail that said I had won. A person is in constructive possession of something that is within his or her control. MCL 333. Even in cases where that story is true, it does not change the legality of possessing these medicines without a valid prescription for them. Many analogues can be obtained through a prescription, and whether you were given pills by a friend for pain management, or continued to use an analogue after the prescription ran out, you could face serious criminal penalties. Tag Archives: michigan possession of analogues. If you have been arrested for analog drug possession, it is imperative that you consult with an aggressive Michigan drug crimes lawyer at once. CFR Title 50. The 7411 law also applies to those charged with felony possession of analogues, heroin, cocaine, LSD, methamphetamine, and MDMA/ecstasy. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Grabel and Associates will defend without prejudice of innocence or guilt. Call Abdo Law for Free Confidential Consultation to get your life back on track. 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)). Analogues are drugs which are chemically similar to other drugs. How I Approach a Possession of Analogues Case. Possession of Analogues Punishable by up to two years in prison and $2,000 in fines. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. This will allow you to keep drug charges off your record and avoid criminal punishment, in accordance with Section 333.7411 of the Public Health Code. 4. 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. Being in possession of these types of medications without a valid prescription is a serious drug crime. Some examples are: Xanax, Soma, Darvon, Darvocet, Valium, Ativan, Talwin, Ambien and Tramadol. Possession of Analogues is what's technically called a "High Court Misdemeanor," meaning it carries up to 2 years in Jail. 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. Baker is also charged with multiple counts of delivery or manufacture of meth, possession of narcotics or cocaine, possession of analogues, operating while intoxicated . Not only did they got one, but two domestic violence charges completely dropped. There are several ways that we can get a drug crime under control. 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. Schedule IV: Drugs with a low potential for abuse and low risk of dependence. Similar crimes involve obtaining medicine without a prescription or prescription fraud. (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. 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. An experienced drug crime lawyer can advise a person charged with a drug crime as to possible defenses which may include: In Michigan, possession of analogues is a felony which can be punished by up to 2 years in prison and a fine of up to $2,000.00, 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. 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 . In the United States, we are protected from illegal searches and unreasonable government intrusions of our privacy pursuant to the 4th Amendment to the United States Constitution. 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. What analog means? Other designer drugs, such as a-methylfentanyl, methedrone, and benzylbutylbarbiturate are also considered similar to illegal narcotics and are therefore illegal in Michigan. 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. Published By Jeffrey Randa and Associates, Drug Possession in Michigan Keeping it off your Record with 7411, Keeping Drug Charges off your Record in Michigan 7411 The Short Version, Driver's License Restoration - Out of State Issues, Indecent Exposure and Aggravated Indecent Exposure, Drunk Driving (DUI) in Michigan and the Importance of the Alcohol Screening Test, Dont call a Witness in a Michigan Drivers License Restoration Hearing, Michigan Drivers License Restoration and Clearance Appeal Hearings are Done Virtually. 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. Caring and a true friend. There is no typical profile of the people of who find themselves facing this charge, just typical scenarios of how they got there. If a person gets convicted of possession with intent to distribute, deliver, sell, or manufacture these drugs the penalties get serious. I would have been lost without this five-star Law Firm. Possession of Analogues (Designer Drugs) by Jared Austin on Nov. 25, 2013. Also, many do not realize that analogues can be just as strong and even stronger than the illicit drugs they imitate. Common examples of analogue drugs include: Facing analogue drug charges? We have represented clients who simply gave some pills to a family member or friend who was in pain. Analogue drugs include the following: Vicodin, Xanax, Adderall, Percocet, Valium and oxycontin. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Phillip Daniels. 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? exceptions to the search warrant requirement, Michigan's prescription monitoring program, Airport Checkpoint & Border Crossing Crimes, Using a Computer or Internet to Commit a Crime, Credit and Debit Card Crimes, Financial Transaction Devices, Child Related Crimes: Pornography, Abuse, Contributing to Delinquency, First Offense Dismissals Without Trial, MCL 769.4a, Drug Crimes: Cooperation, Forfeiture of Assets, Possession of Drugs or Marijuana Crimes, 7411 Dismissals, Possession, Conspiracy, Aiding and Abetting, First Time Offenders, Dismissals and Avoidance of Convictions, Forgery Uttering and Publishing, Check Account Crimes, Home Invasion, Breaking and Entering, Burglary, Criminal Investigations, Interrogations, Crime Classifications, Larceny and Related Crimes, Receiving and Concealing Stolen Property, Other Criminal Law Specialties, Guide to Courts, Possession of Child Pornography, Child Sexually Abusive Activity, Probable Cause (Pre-Exam) Conference & Preliminary Examination, Representing Veterans and Veterans Treatment Court, Resisting, obstructing, assaulting, endangering police, Sex Crimes: He Said She Said, Polygraphs, Confessions, Solicitation of a Minor for Sex or Immoral Purposes. I would recommend Scott Grabel and Associates to my friends, family and anyone who is in need of representation. 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. . 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. 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. Title 21 United States Code (USC) Controlled Substances Act, Driving Under the Influence (Alcohol, Drugs, OWI, High BAC). Vicodin and Oxycontin are good examples of these "designer drugs," which usually come in pill form. Not only did they got one, but two domestic violence charges completely dropped. The issue of possession is an essential element of a drug crime. 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. Resolution of a drug crime pursuant to 7411 in the criminal system means: Lets face it, you would not be in trouble for a drug crime unless the police found drugs in your possession, in your home, or in your vehicle. We can help! The contact form sends information by non-encrypted email, which is not secure. Call 586-412-5555. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. In 2018, Vermont became the first state to legalize marijuana for adult use through the legislative process (rather than a ballot initiative.) 7411 may only be used once in a persons lifetime. Michigan Attorneys With our centrally located office in the Metro-Detroit area, we proudly service the entire tri-county area. The legal definition of possession covers actual physical possession and constructive possession. Our results attest to our great reputation as one of Michigans top criminal defense firms, and our work in thousands of past cases statewide has allowed clients to avoid wrongful conviction or unnecessary jail time and fines. Due to the potential for addiction, abuse, or dependence, designer drugs are taken seriously by law enforcement. Schedule V: Drugs with lower potential for abuse than Schedule IV and consist of preparations containing limited quantities of certain narcotics. Our experienced team of Michigan analog drug possession attorneys is focused on protecting your legal rights, and keeping you out of jail. Shawn and his team of expert lawyers have handled numerous drug cases from selling of narcotics to delivery of narcotics. Some examples are: hydrocodone (Vicodin), cocaine, methamphetamine, methadone, oxycodone, fentanyl and Adderall. Delivery of analogues is a felony that can carry up to 7 years in prison and a fine of not more than $10,000.00, or both. 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. I would tell anybody trying to get their License back they need to talk to you. 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. Possession of illegal drugs, including analogues and medications without a valid prescription, are all crimes that can be dismissed pursuant to MCL 333.7411. The person applying for 7411 has never been convicted of any other drug crime. Schedule V drugs are generally used for antidiarrheal, antitussive, and analgesic purposes. Scott Grabel was able to lead me through every step of the process with great communication the whole way. Satisfied Client, Assault Charge DISMISSED. 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. Crimes are made up of elements. 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. Desperate individuals will write fake prescriptions on fake prescription pads or phony call ins in an attempt to unlawfully obtain prescription medicine. Use of Analogues punishable by up to one year in jail with $1,000 in fines. Contact us to receive a free, confidential consultation with one of our attorneys. He doesn't rush you and answers your questions very thoroughly. We will evaluate your case and discuss all of your options. In many cases, individuals who have been prescribed Oxycontin, Vicodin or other analog drugs for legitimate pain found that once the injury causing the pain was healed, they were addicted to the drugs and therefore would obtain them in any way possible. I worked with polygraph examiners, investigators, and forensics experts. We will protect your rights and fight back against aggressive drug crime enforcement teams. If you are confronted by the police or facing criminal charges, avoid making costly mistakes and know your rights: CALL Abdo Law for a FREE CONSULTATION. Oxycontin and Vicodin are good designer drugs that come in a pill form. Some examples are: heroin, lysergic acid diethylamide (LSD), ecstasy and peyote. These laws were created in response to state and federal laws that only regulated illicit drugs. Under Michigan drug laws, Possession of Ecstasy (MDMA, or "Molly") or Meth in any amount has a penalty of up to 10 years in prison and $15,000 in fines. drug dealer sent to prison LUDINGTON Austin William Buchholz, 27, of Branch Township, was sentenced in 51st Circuit Court Tuesday, Feb. 21, to serve two to 14 years in prison on drug dealing charges. Abdo law FOUGHT and got my DUI kicked out of court when my job was on line. If you are accused of possessing a designer drug, contact our firm right away for aggressive criminal defense. You may be eligible for a plea bargain pursuant to 7411 or have possible defenses such as lack of knowledge or possession. Individuals found in possession of these drugs will face penalties including fines and/or jail time if convicted. All of the following offenses are 7411 eligible: If you have prescription medications in your possession, law enforcement officers have access to Michigan's prescription monitoring program (MAPS). Under federal law, possession of a firearm or ammunition is punishable by up to 10 years in prison. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Beyond marijuana, drug possession offenses often involve things like cocaine, heroin, ecstasy (or "E"), and various prescription medications like vicodin, valium, oxycontin, and other pills called "analogues" (meaning chemically similar to other controlled substances, such as narcotics). The Courts will look favorably upon those who engage the services of a substance abuse counselor before being ordered to do so. Additionally, being in possession of a controlled substance analogue often results in drivers license suspension. We are available to our clients 24/7, so do not delay in contacting our office. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Contact the ABDO LAW FIRM for a free consultation if you are charged with any crime including all drug crimes, possession of analogues or operating a vehicle while intoxicated. 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. Synthetic versions of cannabis products have been created to provide a similar effect . It was a five-star experience. Additionally, police and prosecutors often zealously pursue those found in possession and attempt to prove the individual intended to manufacture, distribute, sell, or deliver the drugs, particularly when the amount possessed is substantial. In some cases, 1P-LSD may be considered a legal LSD substitute. Contact Grabel & Associates right away and fight for a great case result. Scott Grabel was kind enough to look into my situation and take his time to speak with me free of charge. 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