If you have been accused of possession of marijuana in Michigan, which includes hash oil, earwax, and edible THC, 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 Morris, 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 in Michigan
Barton Morris has been successful in defeating possession of marijuana and THC 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 Morris, 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 Morris 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.