Drug Possession and Delivery Offenses

Possession of Marijuana

If you have been accused of possession of marijuana or any controlled substance, you will be faced with harsh criminal punishments which can include  jail time and  fines.  Not to mention, if convicted you may be ineligible for student loans and grants, you may be barred from military service, many landlords will not rent to you, your driving privileges will be suspended, and most employers won’t hire you with a drug issue either.  Hiring an experienced criminal defense lawyer immediately is imperative to protect you from conviction that could result in a lifetime of consequences.  Attorney Barton W. Morris, Jr., has extensive experience working and defending Possession of Marijuana charges in Michigan and will work hard to build a strong defense.

Possession of any amount of marijuana not consistent with the Michigan Medical Marijuana Act (MMMA) is a misdemeanor punishable by up to one year in jail and a mandatory one year license suspension.  A second offense is a felony punishable by up to two years in jail.

If you have been charged with a drug crime, such as possession of marijuana, you need an experienced criminal defense attorney to protect your rights.  Attorney Barton W. Morris, Jr., represents clients in the Oakland, Wayne and Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy and all surrounding areas.

Possession of Marijuana Defenses

Barton W. Morris, Jr., has been successful in defeating possession of marijuana charges in Michigan by asserting some of the following effective defenses:

-Michigan Medical Marijuana Act

Certain people may be able to assert the Michigan Medical Marijuana Act as an affirmative defense to a possession of marijuana charge.  Even without a medical marijuana card, a doctor’s diagnosis will serve as a valid defense.  You must prove by the preponderance of the evidence that (1) a legitimate doctor/patient relationship exists, (2) the doctor reviewed your past and current medical condition, and (3) the doctor stated orally or in writing that the use of medical marijuana is likely to have a therapeutic or palliative benefit to you.

For this reason, an experienced criminal defense attorney like Barton W. Morris, Jr., is necessary for your success.

 -Illegal Search and Seizure

It is important to understand that the police do not have authority to simply search you or your belongings just because they want to.  The 4th Amendment of the United States Constitution protects you from such unreasonable searches.  The police must have probable cause before they can search you or any of your belongings.  These types of constitutional violations occur most often in vehicles.

If the police searched you without probable cause, or if the police somehow coerced you into agreeing to be searched, any evidence seized (usually drugs) will be suppressed by the court.  No evidence means – no conviction!

Barton W. Morris, Jr., has defeated more possession of marijuana charges to count based on the police conducting an unlawful search and seizure.  Remember, just because you were caught with something illegal does not mean the evidence was obtained legally.  You will need an attorney like Barton W. Morris, Jr., to ensure your rights are protected.

 -Lack of Knowledge

 Another good defense is lack of knowledge of the presence of the marijuana or lack of the ability to possess the contraband.  Lack of knowledge is actually an Affirmative Defense, which means if Barton W. Morris, Jr., can prove that you didn’t know that the substance you had was marijuana, your case must be dismissed.

If the marijuana was found in a place where more than one person had access, the prosecutor would have the burden of proving that (1) you knew the marijuana was present, and (2) you had dominion and control over it.

For example, if you borrowed a friend’s car and happened to be stopped by the police, and the police found marijuana in the glove box or trunk, the police would be unable to convict you on a possession of marijuana charge unless they could prove that you knew the marijuana was there!

Or, suppose you and a friend were driving and your friend had a little bag of marijuana that he decided to sit on, or place between his feet.  If the police were to pull you over and see your friend’s marijuana, they would be unable to convict you on a possession of marijuana charge because your friend is the only person who had dominion and control over it!

Remember, the prosecution must prove that you did not have knowledge and did not have the ability to have control over the marijuana.  Without proof, there can be no conviction = NOT GUILTY.

Contact The Law Office of Barton W. Morris, Jr., for an immediate consultation to find out more about your Michigan possession of marijuana charge.  Barton W. Morris, Jr., is dedicated to researching and understanding the subtle nuances of a possession of marijuana charge and takes an aggressive approach in defending each and every one of his clients.

If you have been charged with a drug crime in the Oakland, Wayne or Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy or any surrounding area and want the best defense, call Michigan Criminal Attorney Barton Morris at (248) 541-2600. Recently voted Top Attorney in Metro Detroit for 2012 and 2013 in Criminal Defense.

Conspiracy

Conspiracy is a criminal charge that means a person is accused of agreeing with at least one other person to engage in a criminal act and taking affirmative steps to complete that act. That’s it. For example, if Tom agreed to sell marijuana with Bob and Tom purchased the marijuana; Tom can be convicted with conspiracy to sell marijuana. Because of the depth and seriousness of federal drug investigations, conspiracy is often charged in federal court accompanied with drug trafficking and distribution cases.

Even though it may seem that these types of cases are hard to defend, that is not true. Effective defenses include exposing the lack of proof of the agreement or the act in furtherance of the underlying criminal offense.

If you have been charged with a drug crime in the Oakland, Wayne or Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy or any surrounding area and want the best defense, call Michigan Criminal Attorney Barton Morris at (248) 541-2600. Recently voted Top Attorney in Metro Detroit for 2012 and 2013 in Criminal Defense.

Delivery of Marijuana or any Controlled Substance

Delivery of a controlled substance simply means knowingly giving a controlled substance to another person. It is not necesary that money or anything else be exchanged.

Delivery means that the accussed transferred or attempted to transfer the substance to another person, knowing that it was a controlled substance and intending to transfer it to that person.

Constitutioal violations unlawful vehicle stop or searching a home or vehicle without a warrant and the MMMA are common and effective defenses to a controlled substance delivery charge.

If you have been charged with a drug crime in the Oakland, Wayne or Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy or any surrounding area and want the best defense, call Michigan Criminal Attorney Barton Morris at (248) 541-2600. Recently voted Top Attorney in Metro Detroit for 2012 and 2013 in Criminal Defense.

Attempt to Deliver a Controlled Substance – To satisfy an attempt two elements must be satisfied. First the accussed must have intended to deliver the substance to someone else and second, the accussed must have taken some action toward delivering the substance, but failed to complete the delivery. It is not enough to prove that the defendant made preparations for delivering the substance. Things like planning the crime or arranging how it will be committed are just preparations; they do not qualify as an attempt. In order to qualify as an attempt, the action must go beyond mere preparation, to the point where the crime would have been completed if it hadn’t been interrupted by outside circumstances. To qualify as an attempt, the act must clearly and directly be related to the crime the defendant is charged with attempting and not some other goal.

If you have been charged with a drug crime in the Oakland, Wayne or Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy or any surrounding area and want the best defense, call Michigan Criminal Attorney Barton Morris at (248) 541-2600. Recently voted Top Attorney in Metro Detroit for 2012 and 2013 in Criminal Defense.

Possession of a Controlled Substance – Cocaine

Cocaine possession is a felony drug crime in Michigan. If you are convicted of possessing cocaine, your punishment depends on the amount of cocaine you possessed:
• If you possessed less than 50 grams of Cocaine, you could go to prison for up to 4 years, pay a fine of up to $25,000, or both.
• If you possessed 50 grams of Cocaine to 449 grams of Cocaine, you could go to prison for up to 20 years, pay a fine of up to $250,000, or both.
• If you possessed 450 grams of Cocaine to 999 grams of Cocaine, you could go to prison for up to 30 years, pay a fine of up to $500,000, or both.
• If you possessed 1,000 grams or more of Cocaine, you could go to prison for up to your entire life, pay a fine of $1,000,000, or both.

If you have been charged with a drug crime in the Oakland, Wayne or Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy or any surrounding area and want the best defense, call Michigan Criminal Attorney Barton Morris at (248) 541-2600. Recently voted Top Attorney in Metro Detroit for 2012 and 2013 in Criminal Defense.

Possession of a Controlled Substance without a Prescription

Prescription drugs, although considered a controlled substance, are not your typical street drugs.  Even though certain controlled substances are safe and have legal uses, possessing them without a valid prescription is illegal.

-Possession of Prescription Drug Charge

If you are in possession of a prescription drug and don’t have a valid prescription in your own name to show a police officer, you may be charged with this crime.

Common prescription drugs include: Demerol, Dilaudid, Hydrocodone, Vicodin, OxyContin, Methadone, Xanax, and Valium.

If you are found with any of the above drugs on your possession, you could face serious criminal penalties.  Also, because this crime can be a felony if the prescription drug is a narcotic, such as Vicodin, you could also lose the right to vote, own a firearm, or other serious life consequences.

-Possession of Prescription Drug Penalties

If you are found in possession of a Schedule 1 or Schedule 2 drug, such as OxyContin or Dilaudid,  you could be faced with the following penalties:

  • Possession of 1,000 grams or more is a felony and can result in a life sentence.
  • Possession between 450 – 1000 grams is a 30-year felony.
  • Possession between 50 – 450 grams is a 20-year felony.
  • Possession of less than 50 grams is a 4-year felony.

-Possession of Prescription Drug Defense

Defending your prescription drug charge will typically focus on whether or not the police properly gathered the evidence they plan to use in prosecuting the case against you.  Evidence obtained by the police in violation of your 4th Amendment rights against unreasonable search and seizures, no matter how persuasive, will not be admissible in court and will most likely result in your case being dismissed.

For example, if the police don’t obtain a search warrant in the proper way the search of you or your belongings will be invalid.  Or if the police lack probable cause to search you in the first place, the search will also be considered illegal.

For this reason, it is imperative that you contact the Law Office of Barton W. Morris, Jr., for an immediate consultation to find out more about your Michigan Possession of a Controlled Substance without a Prescription charge.  Barton W. Morris, Jr., is dedicated to researching and understanding the subtle nuances of prescription drug charges and takes an aggressive approach in defending each and every one of his clients.

If you have been charged with any drug crime in the Oakland, Wayne or Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy or any surrounding area and want the best defense, call Michigan Criminal Attorney Barton Morris at (248) 541-2600.   Attorney Barton W. Morris, Jr., was recently voted Top Attorney in Metro Detroit for 2012 and 2013 Criminal Defense.  Having conducted multiple dozens of jury trials gives Attorney Barton Morris, Jr., the experience necessary to effectively handle every criminal matter and persuade any jury that the prosecution cannot and has not proven their case.

Possession of a Controlled Substance with Intent to Manufacture or Deliver

If you are charged with possession of a controlled substance with the intent to deliver, you will be facing a felony charge according to Michigan law.  Drugs are classified as schedule 1 through 5, and depending on the classification and the amount found in your possession, the penalties vary.

Controlled Substances Schedules 1 through 5 include:

Common schedule I drugs  are considered to be the most dangerous with a high potential for abuse and include such drugs as: ecstasy, LSD, heroin, GHB, and hallucinogenic mushrooms.

Common schedule II drugs are considered to have a high potential for abuse, although less than schedule I drugs and include such drugs as: opium, cocaine, morphine, OxyContin, Adderall and hydrocodone.

Common schedule III drugs  are considered to have a moderate to low potential for abuse and include such drugs as: anabolic steroids, vicodin, and Tylenol with codeine.

Common schedule IV drugs  are considered to have a low potential for abuse and include such drugs as: valium, rohypnol, Soma, Ambien and Xanax.

Common schedule V drugs are considered to have the lowest potential for abuse and include such drugs as: ephedrine and codeine which is often found in cold medicine and cough syrups.

The potential for abuse is a critical factor in determining which schedule a drug is placed in, and a particular drug need not be listed in the schedules to be treated as a schedule I drug for criminal prosecution.  If you are found with a drug that has a similar chemical makeup to one of the drugs in schedule I, for example, the prosecutor will charge you with possession of a schedule I drug.

For a more comprehensive discussion on drugs, their classification, and chemical makeup you can visit the DEA website.

Common Possession of a Controlled Substance with Intent to Deliver charges and penalties include:

-Possession with the intent to deliver less than 50 grams of a schedule I or II drug is a 20-year felony with a fine of up to $25,000.00.

-Possession with the intent to deliver between 50 – 450 grams of a schedule I or II drug a 20- year felony with a fine of up to $250,000.00.

-Possession with the intent to deliver between 450 – 1000 grams of a schedule I or II drug is a 30-year felony with a fine of up to $500,000.00.

-Possession with the intent to deliver more than 1,000 grams of a schedule I or II drug is a possible life sentence felony with a fine of up to $1,000,000.00.

-Possession with the intent to deliver a schedule III drug is a 7-year felony with a fine of up to $10,000.00.

-Possession with the intent to deliver a schedule V drug is a 2-year felony with a fine of up to $2,000.00.

Proving Possession with the Intent to Deliver

It is important to remember that before you can be convicted of possession with the intent to deliver, the prosecutor must prove that: (1) the substance was a controlled substance, (2) that you were not authorized to possess the drug, and (3) that you knowingly possessed the drug with the intent to deliver it to another person.

For example, a police officer can actually prove you intended to deliver the drugs by seeing you hand drugs to another person.  Also, the way the drugs are packaged and whether there are scales present can be proof of your intent to deliver.  The amount of drugs you have alone can be evidence of your intent to deliver. Whether or not there was an exchange of money is irrelevant because “intent to deliver” does not mean that you intend to sell the drugs, only that you intend to transfer the drugs in your possession to someone else.

Defending the Possession with the Intent to Deliver Charge

Because prosecutors can use evidence, such as packaging, the amount of drugs and scales, to convict you with possession with the intent to deliver, it is important to investigate and develop the factual support for your defense.  Attorney Barton W. Morris, Jr., will evaluate every detail of your case to ensure that evidence against you was gathered appropriately and in compliance with your 4th Amendment rights against unlawful searches and seizures, which is a common violation police officers make.  If Barton W. Morris, Jr., can show that the police violated your rights, the evidence obtained must be suppressed and therefore the charges will be dropped.  No evidence = Not Guilty.

For this reason, it is imperative that you contact the Law Office of Barton W. Morris, Jr., for an immediate consultation to find out more about your Possession with the Intent to Deliver charge.  Barton W. Morris is dedicated to researching and understanding drug charges and takes an aggressive approach in defending each and every one of his clients. Having conducted multiple dozens of jury trials gives Attorney Barton W. Morris, Jr., the experience necessary to effectively handle every criminal matter and persuade any jury that the prosecution cannot and has not proven their case.

Attorney Barton W. Morris, Jr., represents clients in the Oakland, Wayne and Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy and all surrounding areas.

 

MCL 333.7411

 A 7411 deferral allows a person who has no prior drug crimes on their record to plead guilty to a Drug Possession charge, and then have that “guilty” plea and charge dismissed after a certain period of time (called a probation).  Once you satisfactorily complete the probation period your entire case will be dismissed and there will be no public record of it.  The length and term of any probation period are decided by the Judge at your sentencing hearing; and, can range from non-reporting probation to monthly reporting probation with mandatory drug and alcohol testing.  A typical probation term lasts for one year, but Attorney Barton W. Morris, Jr., has had success in negotiating a smaller term.

Benefits of a 7411 deferral include:

-Your entire case will be dismissed.

-There will be no public record of your case.

-You can avoid the mandatory one year license suspension that comes with all drug possession convictions.

-Since the charge never goes on your record, you won’t have to go through an expensive and tedious expungement process to try and get it removed later.

It is important to know that a 7411 deferral cannot be used in delivery, manufacturing, or intent to sell drug convictions.  If you have been charged with a drug crime in the Oakland, Wayne or Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy, or any surrounding area and want the best defense, call Michigan Criminal Attorney Barton W. Morris Jr., at (248) 541-2600.

Attorney Barton W. Morris, Jr., was recently voted Top Attorney in Metro Detroit for 2012 and 2013 Criminal Defense.  Having conducted multiple dozens of jury trials gives Attorney Barton Morris, Jr., the experience necessary to effectively handle every criminal matter and persuade any jury that the prosecution cannot and has not proven their case.  For information on other crimes the Law Office of Barton W. Morris, Jr., is familiar with handling, click on one of the links below.