There is probably no area in law enforcement where violations of Constitutional rights are as commonplace than drug investigations. Dealing with this area of law enforcement requires a skilled, knowledgeable and aggressive lawyer. Judges are often hesitant to grant defense motions based on Constitutional issues. This is because a defendant who wins a hearing on Constitutional rights often wins the case outright. Therefore, it is very important that you have an attorney who knows how to effectively bring a Constitutional challenge.
Thorough investigation of the arrest history is necessary. Because police often disregard legal procedures in order to obtain an arrest, a skilled attorney must thoroughly examine all of the facts and circumstances that led the police to your property, person or automobile. Many drug charges have been successfully challenged by attacking the means through which the police first made contact. This means that you will have to work closely with your lawyer in order to determine what your defense should be.
Beware of co-defendants. If your case involves co-defendants it must be handled with extreme care. In the vast majority of cases involving co-defendants the prosecution convinces one defendant to testify against another. It is extremely unwise to discuss your case with a co-defendant without first consulting your attorney.
If You are Facing Drug Charges
Let’s begin with the understanding that the police are not there to help you.
Do not talk. Be polite and courteous, but refuse to discuss their investigation with them. You should plainly and repeatedly tell them that you do not want to discuss anything with them, and that you want an attorney present. Do not allow yourself to be tricked or coerced by the police.Anything you say about the case to anyone, including most family members, can be used against you in court.
Never consent to anything without the advice of your attorney. This includes giving the police permission to search, draw blood or discuss the case with you.
Never resist arrest. If a police officer is attempting to arrest you, be polite and cooperative. Inform the officer that you will go along peacefully. It is also important to immediately inform the officer, or any officer that tries to question you that you do not want to talk without an attorney.
The only information you should provide without consulting an attorney is necessary biographical information; this includes your full legal name and address. If the police want to fingerprint you after the arrest, cooperate fully. Inform the officers that you wish to make a telephone call. Get an attorney quickly, if you call family or friends have them contact an attorney.
Post bond as quickly as possible. If you are arraigned and asked how you plead, your response should be, “I stand mute.” At the arraignment, do not try to talk to the judge about your case.
Our society is experiencing a rising prevalence of driving under the influence of illegal and medicinal drugs. It has been written that one in three motor vehicle fatalities with known drug test results tested positive for drugs in 2009. Data from road traffic arrests and fatalities indicate that, after alcohol, marijuana is the most frequently detected psychoactive substance among driving populations. Marijuana has been shown to impair performance on driving simulator tasks and on open and closed driving courses for up to approximately 3 hours. Michigan law prohibits any person to drive a motor vehicle after consuming or ingesting alcohol, drugs, or a combination of both which impairs that person’s ability to drive.
Presently Michigan is one of 17 states that have a zero tolerance law that makes it unlawful for a person to operate a motor vehicle with any amount of a controlled substance in their body. There is a rational argument that MMMA patients are not being treated equally and fairly in violation of the 14thAmendment because they are more likely to have THC in their bodies and therefore treated differently than persons who are not MMMA card holders. That is an example of how our new medical marijuana law, in its infancy, is evolving in its interpretation and enforcement.