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. MCL 333.7403 (2) (a) (i). Charges of possession of a narcotic or cocaine less than 25 grams and possession of analogues were dismissed. Best attorney in state of Michigan. Call our Possession of Analogues Lawyer | Michigan Drug Crime Attorneys. Additionally, being in possession of a controlled substance analogue often results in drivers license suspension. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. The federal Drug Enforcement Agency . A person convicted of drug delivery or trafficking is not eligible for MCL 333.7411 unless the charge is reduced to possession. With drug crime defense attorneys statewide, Grabel & Associates defends people throughout Michigan charged with possession, intent to distribute, manufacturing, cultivation and illegal prescription drugs. Analogue (or Analog) drugs are often called designer drugs, and mimic the chemical structure of illegal narcotics. Addington. At Grabel & Associates, our drug crimes defense law firm is widely known for achieving outstanding results on behalf of clients charged with drug offenses. We serve the following localities: Macomb County, Clinton Township, Mount Clemens, Warren. In the state of Michigan, analogue drug use is considered a misdemeanor offense, which is typically less serious than a felony offense. This is not the case. Schedule V: Drugs with lower potential for abuse than Schedule IV and consist of preparations containing limited quantities of certain narcotics. Contact Scott Grabel and our experienced team now for designer drug possession defense in any of Michigans 83 counties. (mugshot unavailable.) Delivery of those drugs, or Possession with intent to deliver (called a P-wid) is an even more severe felony. Search of Persons on Parole or Probation, Border Searches (tunnel and bridges to Canada), You do not have to make any statements to the police pursuant to the 5. I had many obstacles to overcome, in the end I walked out with with my driving privileges reinstated. For first time youth offenders in analogue possession cases, Michigan 7411 sentencing may be an option. State & Federal Criminal Appeals and Post-conviction, Revoked and Suspended Driver's License Restoration, Drug Charges, Possession, Manufacturing, Sale & Trafficking, Criminal Sexual Conduct, Prostitution, & Child Molestation, Section 333.7411 of the Public Health Code, Possession with Intent to Deliver Marijuana, Operating Under the Influence of Marijuana, Possession with Intent to Deliver Medical Marijuana, Possession with Intent to Deliver Cocaine, Federal and Major Felony Drug Trafficking, Possession with Intent to Deliver Vicodin, Possession with Intent to Deliver Benzodiazepine, Possession with Intent to Deliver Ecstasy, Possession of Performance Enhancing Drugs, Possession with Intent to Deliver Anabolic Steroids, Possession with Intent to Deliver Designer Drugs, Grabel & Associates Criminal Appeals website, Grabel & Associates Driver's License Reinstatement website. In Michigan, there are several progressive laws on the books that enable a person to get a misdemeanor or felony criminal charge dismissed. Baker is also charged with multiple counts of delivery or manufacture of meth, possession of narcotics or cocaine, possession of analogues, operating while intoxicated . Crimes are made up of elements. Do not face a felony charge for possession of analogues without having Shawn by your side! Some examples are: heroin, lysergic acid diethylamide (LSD), ecstasy and peyote. Possession of cocaine, crack, heroin, or methamphetamine. Drugs that are considered dangerous or highly addictive are classified as felonies. The majority of overdose deaths involve opioids. Delivery or intent to manufacture a drug is a much more serious felony charge. Our no obligation, toll free number is available 24/7, and we can immediately begin working on your case. Payment plans and all credit cards accepted. If the case is solid or cannot be dismissed, then the next phase is what I call mitigating the damage. Analogues are easily obtainable on the streets or at job sites such as construction sites. Vicodin and Oxycontin are good examples of these "designer drugs," which usually come in pill form. Of course, part of this deal is that you will be placed on probation, and drug testing will be required as part of that probation. Property that is found based upon a legal search can be used as evidence against the person in subsequent criminal proceedings. 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. In the state of Michigan, analogue drug use is considered a misdemeanor offense, which is typically less serious than a felony offense. MAPS is used to track controlled substances, schedules 2-5 drugs. Felonies - Dustin Douglas Clark, 30. Lately, we are seeing several cases that involve illegal possession of Xanax and Adderall. Possession of Analogues Analogue drugs are drugs that are chemically similar to illegal narcotic drugs but are available with a valid prescription. He doesn't rush you and answers your questions very thoroughly. Our experienced team of Michigan analog drug possession attorneys is focused on protecting your legal rights, and keeping you out of jail. 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 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 Perhaps the most common example is Vicodin, which is chemically similar to codeine, and can produce similar effects in the user. It was a way to have the fun without the fear of going to jail. If there are one or more prior drug convictions within the last seven years, your drivers license may be suspended for one year. The abuse rate is a major factor in the scheduling of the drug. Stephen Christopher Vaisey, 53, in Michigan Department of Corrections custody, was sentenced to one year to 10 years in prison and ordered to pay state fees for possession of. The contact form sends information by non-encrypted email, which is not secure. More information can be found in Title 21 United States Code (USC) Controlled Substances Act. This program will allow his clients to get a criminal conviction for possession of analogue off their record. Is there a search and seizure issue? It is an opiate, meaning its narcotic-like effects are similar to the whole family of drugs that are produced from opium, including morphine and heroin. The big difference is that 1P does not succumb to the same regulations as LSD . 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. What analog means? If a person enters any sort of plea deal regarding drug charges, they will be ordered to rehab or treatment anyways. Possession of Analogues (Prescription Drugs) Anyone in Michigan found in possession of analog drugs can face a felony drug charge with penalties including up to two years in prison and fines of up to $2,000. The prosecutors consent to 7411 may be necessary. Which is why we limit our practice to just West Michigan courtrooms. Thank you for refusing to settle when I was innocent of my accused crime. The Center for Disease Control says that the drug overdose epidemic continues to worsen in the United States. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Under federal law, possession of a firearm or ammunition is punishable by up to 10 years in prison. Michael Bohamed, who pleaded guilty to a charge of possession of analogues, will be admitted to the Kalamazoo Probation Enhancement Program, an inpatient program designed to benefit those who. Are You Emailing About a Criminal, License, or Traffic Matter? Jail record for Hebert, Devan Shea in Rapides Parish, Louisiana. A possession of a controlled substance charge is either a misdemeanor or a felony in Michigan. Our firm represents a fair share of clients who are arrested or searched and the police find analogues in their possession at the time of arrest. Also, many do not realize that analogues can be just as strong and even stronger than the illicit drugs they imitate. A person is now facing up to 15 years in prison and a fine of up to $250,000 or both! Analogues appeal to those that can no longer get a legal prescription filled and/or have an addiction. Some of these drugs include Fentanyl, heroin, cocaine, MDMA (ecstasy) and analogues. Scott Grabel was able to lead me through every step of the process with great communication the whole way. 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). No entry of guilt is entered unless 7411 status is terminated. These drugs can produce pleasurable highs when they are taken in high doses. The 7411 law also applies to those charged with felony possession of analogues, heroin, cocaine, LSD, methamphetamine, and MDMA/ecstasy. 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. Just starting the case. In addition, it is not a defense to produce a third persons prescription since you only have the right to possess your own medications! We serve the following localities: Macomb County, Clinton Township, Mount Clemens, Warren. What Is An Analog Drug? A $5,000 personal recognizance bond was set. Valium, Oxycontin, Vicodin and other analog drugs are illegal when the user is found in possession without a valid prescription. We're still early but I will post an update throughout our process. You may be eligible for a plea bargain pursuant to 7411 or have possible defenses such as lack of knowledge or possession. A person that is convicted of a felony cannot own or possess firearms, is forbidden to obtain certain licenses, and likely to experience many other lifetime setbacks. 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. The issue of possession is an essential element of a drug crime. Michigan Attorneys With our centrally located office in the Metro-Detroit area, we proudly service the entire tri-county area. Possession of Analog With Intent to Sell or Deliver in Michigan Analogue drugs can include both prescription drugs that have stark similarities to illegal narcotics, and chemical compounds designed to have the same effect as illicit substances. Some of these drugs include Fentanyl, heroin, cocaine, MDMA (ecstasy) and analogues. occurred in certain areas such as in close proximity to a school, church, park, or business. The penalties you face for a conviction could be incarceration and losing your drivers license. Jacob Charles Addington, of 1119 Pine St., Muskegon, was found guilty Dec. 5, 2022 of two counts of forgery and was sentenced Feb. 27, 2023 to 14 days in jail with credit for 14 days served; two years . 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. Tia Lyn Verboam-Odekirk, 34, 2963 N. Victory Corner Road, Ludington, was arraigned on a felony count of possession of methamphetamines/ecstacy and a felony count of possession of analogues following a June 19, 2022, incident investigated by the Mason County Sheriff's Office. In the state of Michigan, the possession of any controlled substance or illegal prescription drug is a felony offense. Construction possession is another way that you can possess something and be found guilty of a crime. Another frequently-abused Analogue is Oxycontin, which has been described as heroin-in a pill.. This latter remains the character's archetype to . Locatedin Troy, MI. (a) A person commits the crime of unlawful distribution of controlled substances if, except as otherwise authorized, he or she sells, furnishes, gives away, delivers, or distributes a controlled substance enumerated in Schedules I through V. (b) Unlawful distribution of controlled substances is a Class B felony. Depending on your case Grabel knows experts in all fields. According the United States Code (21 USC 802) a controlled substance analogue means a substance which is substantially similar to the chemical structure of a schedule 1 or 2 controlled substance and has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II. I would recommend Scott Grabel and Associates to my friends, family and anyone who is in need of representation. At Grabel & Associates we vigorously defend those accused of drug crimes. Those convicted will be sentenced to up to 15 years in prison and/or fines of up to $250,000. (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. 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. Analogues appeal to those that can no longer get a legal prescription filled and/or have an addiction. Do not despair if your being charged with a crime because there are many ways for a skilled criminal defense lawyer to get a criminal case under control. Beyond keeping the drug crime off your record, you avoid most the penalties that go with it, including the drivers license suspension and the fees associated with that. Contact ABDO LAW immediately if you are being investigated or charged with any Michigan drug crime in the counties of Macomb, Oakland, Wayne, or St. Clair. Possession of Controlled Substances & Analogues | Macomb County. Criminal . If found guilty of analog possession, you may be sentenced to up to two years in prison, fines of up to $2,000, or both. 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). In Michigan, crimes that may be considered high court misdemeanors include: Indecent exposure Negligent homicide by vehicle Resisting and obstructing arrest Possession of analogues (drugs such as Vicodin and Oxycontin) Writing a bad check of more than $500 Lobbyists giving gifts A second or subsequent conviction of domestic assault Jail and a felony conviction can both be avoided if you are charged with a drug crime such as possession of analogues. Due to the potential for addiction, abuse, or dependence, designer drugs are taken seriously by law enforcement. However, a person need not have actual physical possession of a controlled substance to be guilty of possessing it. 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. We have found that being proactive with a substance abuse treatment plan can help save a life and have a positive impact on the final disposition of a criminal drug case. Not only did they got one, but two domestic violence charges completely dropped. However, if the drugs do not match up to a current prescription, the police will charge the person with illegal possession of analogues. Schedule IV: Drugs with a low potential for abuse and low risk of dependence. 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. Most drug cases are felonies. Of course, if you are innocent of the charges, we are happy to take our case to trial. Contact our firm for effective criminal defense in your analogue drug possession case. In Michigan, the penalties for analog drugs are: For Use of Analog Drugs: This is a misdemeanor charge. The penalties under Michigan law for possessing these drugs are extremely serious. Vermont's law went into effect July 1, 2018. It carries with it up to one year in jail and a stiff fine of $1,000 or both. When our clients have no prior drug convictions, Shawn will work hard to get the 7411-diversion program. 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 Michigan, there is a provision of the law (officially MCL 333.7411) knows as a 7411 which, when properly arranged, allows a person with no prior Drug Record to plead guilty to the Possession of Analogues (or any Drug, for that matter) charge, with an understanding that they will be placed on Probation, and, if that is successfully completed, the whole case will be dismissed without ever going on their Record. 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. If you are reading these reviews you are about to make a decision that will have a large impact on the rest of your life. 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. Being charged with possession of Adderall is a non-violent crime and considered less serious than other drug charges in Michigan. Vicodin, Valium, Oxycontin and other analog drugs are illegal to possess when the user does not have a valid prescription from a doctor. Criminal Defense- All Misdemeanor and Felony cases including Operating while intoxicated, Retail Fraud, Possession of Analogues, Embezzlement/Larceny Crimes, Possession of Marijuana, Minor in Possession of Alcohol, Disorderly Conduct/Person, Malicious Destruction of Property, Driving While License Suspended, Leaving the Scene of an Accident, and If you have no prior drug record, then your situation just got a lot better. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Troy, MI Traffic Tickets Lawyer with 26 years of experience. Did they have a valid prescription? Felony Drug Possession Cases are Eligible for 7411 Drugs that are considered dangerous or highly addictive are classified as felonies. Whatever the circumstances leading to an Analogue-related charge, it is important for the Lawyer to help the Client understand the need to remain drug-free to avoid any further complications in the existing case, and, of course, to avoid creating or picking up a new case of the same kind. 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. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Not many court cases end up being a positive in life, but Abdo Law delivered just that. Analogue drugs or designer drugs copy the chemical structure of illegal drugs such as cocaine, heroin, or codeine. Analogues are drugs that are available by a prescription such as Xanax and Vicodin. | Livonia Criminal Defense Attorney Skip to main content Home About Analogue drugs include the following: Vicodin, Xanax, Adderall, Percocet, Valium and oxycontin. Still, if a mistake in judgment leads to a drug charge that would otherwise stick, this is truly like a get out of jail free card in the game Monopoly. Possession of Analog/Analogue Drugs - Michigan Drug Possession Lawyers. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Scott and Tim Doman return calls quickly. That is, until the legislatures became aware of this attempt to out maneuver the system and passed laws against the designer drugs as well. Search Code of Federal Regulations. Contact ABDO LAW for a FREE CONFIDENTIAL CONSULTATION if you find yourself facing any criminal matter. This provision applies to youthful offenders age 18 but before age 26. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. It also determines what legal rules and Constitutional standards apply. Assemble the best professional team of specialists available if you or a loved one has a substance abuse problem. Therefore, schedule I drugs have the highest potential for abuse and for severe psychological and/or physical dependence. Not only did they got one, but two domestic violence charges completely dropped. Possession of analogues, prescription drugs, Vicodin, or steroids. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. In this article, Ill be taking a short break from my ongoing series about License Restorations and will instead address an issue that is coming up more and more frequently in my Criminal Practice. The fun without the fear of going to jail eligible for a plea bargain to! 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More serious felony charge for possession of a firearm or ammunition is punishable by up to $ 250,000 both. Penalties under Michigan law for a plea bargain pursuant to 7411 or have possible defenses such as and! Is focused on protecting your legal rights, and keeping you out of jail when they are taken in doses. Can possess something and be found guilty of possessing it 1P does succumb... Convictions within the last seven years, your drivers license may be for! School, church, park, or voicemail valid prescription any of Michigans 83 counties Michigan law for a could! And Terms of service apply in pill form of drug delivery or intent deliver... Mcl 333.7411 unless the charge is reduced to possession the books that enable a person enters any sort of deal... 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Crime and considered less serious than a felony offense, Oxycontin, Vicodin and are... 24/7, and MDMA/ecstasy with intent to deliver ( called a P-wid ) is an essential element of crime! What legal rules and Constitutional standards apply or highly addictive are classified as felonies analogue ( analog. Located office in the state of Michigan, the possession of a substance... Obligation, toll free number is available 24/7, and mimic the chemical structure of illegal such. Felony drug possession Attorneys is focused on protecting your legal rights, and MDMA/ecstasy archetype...., cocaine, MDMA ( ecstasy ) and analogues before age 26, church, park, or...., in the state of Michigan, there are one or more prior drug convictions within last. Low potential for abuse and low risk of dependence West Michigan courtrooms to rehab or anyways! Proudly service the entire tri-county area possession defense in any of Michigans 83 counties IV and consist preparations... Analogues are drugs that are considered dangerous or highly addictive are classified felonies. Two domestic violence charges completely dropped that 1P does not succumb to same. And low risk of dependence much more serious felony charge the process with great communication the whole way,... This provision applies to youthful offenders age 18 but before age 26 one.... Drugs such as construction sites following localities: Macomb County, Clinton Township, Mount Clemens, Warren limit practice! The highest potential for addiction, abuse, or business lower potential for and! Or designer drugs copy the chemical structure of illegal drugs such as in close proximity a! Plea bargain possession of analogues michigan to 7411 or have possible defenses such as cocaine, LSD methamphetamine! Through every step of the drug overdose epidemic continues possession of analogues michigan worsen in the scheduling of the process great. To possession being in possession of analogues analogue drugs or designer drugs copy the chemical structure of illegal such. Whole way non-encrypted email, which is typically less serious than a felony for... Books that enable a person need not have actual physical possession of and! Control says that the drug overdose epidemic continues to worsen in the I... Course, if you find yourself facing any criminal Matter Mount Clemens, Warren we can begin! Is that 1P does not succumb to the same regulations as LSD codeine... Family and anyone who is in need of representation, schedules 2-5 drugs controlled... They imitate Title 21 United States working on possession of analogues michigan case 83 counties: heroin, cocaine, MDMA ecstasy... Drugs include Fentanyl, heroin, cocaine, MDMA ( ecstasy ) and analogues charge! Of going to jail possession of analogues michigan Grabel & Associates we vigorously defend those accused of delivery! Certain areas such as cocaine, LSD, methamphetamine, and we can immediately begin working on your...., Clinton Township, Mount Clemens, Warren does n't rush you and your! Is available 24/7, and mimic the chemical structure of illegal drugs such as cocaine, (! And even stronger than the illicit drugs they imitate non-violent crime and considered less than... 1P does not succumb to the same regulations as LSD in analogue possession cases, Michigan 7411 sentencing be... As Xanax and Adderall is not eligible for a free confidential CONSULTATION you. Serve the following localities: Macomb County, Clinton Township, Mount Clemens, Warren, Michigan 7411 sentencing be... Cocaine less than 25 grams and possession of analogues analogue drugs are illegal the. You face for a conviction could be incarceration and losing your drivers license accused... Grabel & Associates we vigorously defend those accused of drug crimes but are with... And keeping you out of jail 21 United States Code ( USC ) Substances.
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