Articles Posted in Drug Crimes

Earlier this year, a state appellate court issued a written opinion in a Michigan drug case discussing a probation officer’s legal authority to search a probationer’s home. Ultimately, while the court agreed that a probation officer can generally search a probationer’s home due to the decreased expectation of privacy probationers enjoy, the search in this case was unlawful because the search occurred after the defendant’s probation had terminated. The Facts of the Case According to the court’s opinion, the defendant was initially placed on probation on June 24, 2013, for a period of two years. That sentence was set to...

Earlier this year, a state appellate court issued an opinion in a Michigan gun case in which the defendant challenged the officer’s search of his vehicle. Ultimately, the court concluded that the search was permissible based on the fact that the officer noticed a strong smell of marijuana, even though the defendant had a valid medical marijuana card. The Facts of the Case According to the court’s opinion, a police officer stopped the defendant for speeding. When the officer approached the defendant’s car, he noticed a strong odor of fresh marijuana, indicating to the officer that there was a “good...

Earlier this month, a state appellate court issued a written opinion in a Michigan gun case involving a police officer’s purported inventory search of the defendant’s vehicle. The case is a good example of what police officers can – and cannot – do during a valid Michigan traffic stop. According to the court’s opinion, a police officer observed the defendant driving a car with a license plate light that was hanging in front of the license plate. The officer followed the defendant into a parking lot, and the defendant parked in a spot in the far corner of the lot....

In 2018, Michigan voters passed the “Michigan Regulation and Taxation of Marijuana Act,” (the Act) which provided for the legal recreational use of marijuana. The Act, which will go into effect in 2020, allows adults ages 21 and over to possess up to 2.5 ounces of marijuana for personal use, and to grow up to 12 cannabis plants at home. Of course, driving under the influence of marijuana is still considered a crime under the Operating While Under the Influence (OWI) statute. As people began to use marijuana more freely, lawmakers believe that there will be an increased risk of...

A state appellate court issued a written opinion in a Michigan drug case requiring the court to determine whether the defendant had standing to bring his motion to suppress. The concept of standing refers to a defendant’s legal ability to bring a motion or ask the court for a certain remedy. In a motion to suppress, courts have held that the defendant must have a subjective expectation of privacy in the area that was searched. In addition, the defendant’s expectation of privacy must be an objectively reasonable one. According to the court’s opinion, police were conducting a drug trafficking investigation....

News of increased opioid use and deaths due to overdoses continue to make headlines throughout the United States. Michigan is not immune to the crisis—more than 1,900 people died in the state as a result of opioid overdose during 2017. When opioid users get behind the wheel of a motor vehicle, they place not only their life but the lives of those around them at risk for injury or death. Michigan has tough laws when it comes to drugged driving charges. If you are charged with driving under the influence of opioids, contact a Michigan defense lawyer without delay. Common...

You could be arrested for opioid abuse or even for using an opioid you have a prescription for. Drugs are classified into five categories, or schedules. The more a drug may be abused because of addiction, the lower the schedule number. For example, Schedule 1 drugs include anything that is illegal such as LSD, heroin, marijuana, peyote, ecstasy, and others. If a drug is not listed as a controlled substance, you could still be criminally prosecuted for it if it is a Schedule 1 substance. Schedule II drugs include those that are more than likely to be abused and are...

You’re likely familiar with some of the legal consequences of a conviction on drug charges in Michigan. For possession of drugs listed at the lower levels of the state’s drug schedule system, such as certain prescription and over-the-counter drugs, you could be facing misdemeanor charges. Your sentence may carry up to a year in prison and maximum fine of $2,000. Possession of controlled substances designated as more serious under Michigan law, including marijuana, heroin, and cocaine, may lead to felony charges. Your sentence may be two years or more in prison and hefty fines. However, many people accused of drug...

Rehab plays a very important part in a criminal justice system. After all, a very large percentage of people coming through the system have drug and/or alcohol problems. Rehab is often considered. Some people are sentenced to a period of jail that will be suspended if they enter a residential treatment program or an inpatient treatment program. Other times, people might just be sentenced to probation but also ordered to participate in intensive outpatient treatment or normal outpatient treatment. If they do this, they won’t have to go to jail. Therefore, rehab and treatment are very important parts of the...

The most common drug offenses usually stem from automobile stops. Usually, these cases involve when someone’s vehicle gets stopped for one reason or another, and the police either suspects some kind of drug use or the police arrests the person for some other reason like driving on a suspended license or drunk driving. The person may have an outstanding warrant and as a result of being lawfully arrested of some other charge, the police then get the opportunity to search the car as part of an inventory search and then find the drugs. That’s the most common way that people...