Analogues can include Vicodin, OxyContin, China White, and other prescription or street narcotics. Surprising, many of our clients can verify a past medical condition or prior prescription. I should have done this a long time ago. Scott was with us every step of the way. One of the most important things a person can do when faced with a second offense is to understand the importance of drug treatment, or counseling. Crimes are made up of elements. Possession of analogues or analog drugs are those which have a remarkably similar chemical nature to other illicit or illegal drugs such as deadly heroin. 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 Lately, we are seeing several cases that involve illegal possession of Xanax and Adderall. Thank you for refusing to settle when I was innocent of my accused crime. 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. 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. 50 W. Big Beaver, Suite 240, Troy, MI 48084, Garmo & Kiste, PLC | Criminal Defense & Family Law Attorneys | Troy, MI. If you get on this from the start, you can select a place that will see you as often, or as little as you need, and work with whatever you can or cannot pay. In Michigan, crimes involving analogue drugs are taken very seriously by judges, police, and prosecutors. Some examples are: hydrocodone (Vicodin), cocaine, methamphetamine, methadone, oxycodone, fentanyl and Adderall. The next order of business is to scrutinize the search or the discovery of the drugs. (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. It also helps to know the local judges and prosecutors very well. Again, this is why I limit my practice to the same courts in Macomb, Oakland and Wayne County. 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. Tag Archives: michigan possession of analogues. Analogue drugs which are very similar to illegal Schedule 1 or Schedule 2 illicit substances can result in the same punishments as those highly addictive narcotics. These drugs can produce pleasurable highs when they are taken in high doses. Call Us at (734) 887-6200 Contact Us. Many analogues can be obtained through a prescription, and whether you were given pills by a friend for pain management, or continued to use an analogue after the prescription ran out, you could face serious criminal penalties. 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. Daniels was given a. Not only did they got one, but two domestic violence charges completely dropped. 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. Those convicted will be sentenced to up to 15 years in prison and/or fines of up to $250,000. Possession does not require ownership. Overdose deaths remain a leading cause of injury-related death in the United States. Clarkston, Farmington Hills, Madison Heights, Novi, Rochester Hills, Royal Oak, Southfield, Troy, and Waterford; Macomb County including Clinton Township, New Baltimore, Romeo, Roseville, Shelby Township, St. Clair Shores, Sterling Heights, and Warren; and Wayne County including Canton, Dearborn, Detroit, Grosse Pointe, Livonia, Plymouth, Romulus, Westland, Woodhaven, and Wyandotte. For first time youth offenders in analogue possession cases, Michigan 7411 sentencing may be an option. They were extremely reliable, trustworthy and very informative and did a great job with the case. 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 . Thank you for refusing to settle when I was innocent of my accused crime. He was arraigned on felony charges that included count 1: controlled substance - possession of analogues . Analogues appeal to those that can no longer get a legal prescription filled and/or have an addiction. Just starting the case. The drug crime involves use or possession. Driving after one's license has been revoked (DWLR), 3. Possession of Analogues Drugs is Serious Crime In Michigan! More information can be found in Title 21 United States Code (USC) Controlled Substances Act. Possession of Analogues (Designer Drugs) Posted on November 27, 2013 by Jared Austin 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). Vicodin and Oxycontin are good examples of these "designer drugs," which usually come in pill form. Under Michigan law, use of analogue is only a misdemeanor charge. These laws were created in response to state Widely used analogues include Vicodin, which mimics the effects of codeine, and Oxycontin, which can be compared to heroin. The common scenario on how someone gets charged with this offense is when they have been given somebody elses lawfully prescribed pain medication to help them deal with their back pain or whatever. Abdo law FOUGHT and got my DUI kicked out of court when my job was on line. We can help! In 2018, Michigan voters approved "Proposal 1" by a margin of 56 percent to 44 percent to legalize, regulate, and tax marijuana in the state. Controlled substance analogues, also known as designer drugs, have chemical structures substantially similar to those of controlled substances in schedule I or II and have stimulant, depressant, or hallucinogenic effects on the central nervous system that are substantially similar to or greater than the stimulant, depressant, or hallucinogenic effects of controlled substances in schedule I or II (U.S. Code 21 USC 802(32)). Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. When someone is charged with an alcohol or drug crime, our firm will try to identify if it is the result of alcoholism, abuse, an underlying substance abuse problem or addiction. Analogue drugs were initially created to replace drugs that were deemed illegal by the federal government. A $5,000 personal recognizance bond was set. Felony possession of cocaine, heroin, Alprazolam, Xanax, opiates and other analogues in Michigan 4/30/2018 As a former prosecutor in Michigan and New York City, my colleagues viewed drug cases within different categories. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. In addition, it is not a defense to produce a third persons prescription since you only have the right to possess your own medications! Penalties for being in possession of an analogue include imprisonment of up to two years, fines and costs of up to $2,000, or both. felony drugs (preceding 7 years) 333.74032c-a If there are one or more prior drug convictions within the last seven years, your drivers license may be suspended for one year. Most drug cases are felonies. Possession of Analogues Analogue drugs are drugs that are chemically similar to illegal narcotic drugs but are available with a valid prescription. MCL 762.11: This statute allows youthful offenders to get a drug crime, including one involving delivery dismissed and the record sealed. The Judge consents to disposition pursuant to 7411. These drugs, particularly when taken in high doses, produce effects similar to those found with the use of cocaine, heroin, ecstasy, and other illegal drugs or substances. The plain truth is that unless the whole case goes away, that person is going to be ordered into counseling or treatment anyway, so why not get a head start that can help your case so much? If you are being charged with a crime, especially a felony, getting it dismissed will be our utmost priority. He fought for a great injustice for our son and was able to provide an outcome that gave his life back. 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. Possession of any illegal drug is a felony. 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 In some cases, 1P-LSD may be considered a legal LSD substitute. A person convicted of drug delivery or trafficking is not eligible for MCL 333.7411 unless the charge is reduced to possession. The incident occurred July 9, 2020, in Dowagiac. With an expert lawyer by your side, you can make it through these charges and thrive. Contact ABDO LAW for a FREE CONFIDENTIAL CONSULTATION if you find yourself facing any criminal matter. Of course, if you are innocent of the charges, we are happy to take our case to trial. Located in Troy, MI. Even if that is true, it is still no legal defense to being in possession of these pills that they were not prescribed. Perhaps the most common example is Vicodin, which is chemically similar to codeine, and can produce similar effects in the user. Phone messages after business hours are forwarded to our attorneys 7/24/365. No matter what drug crime charge you face, our experienced lawyers are available to help right away. For Manufacture or Delivery of Analog . Call for a Free & Confidential Consultation. The call is free, will you be? Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. In criminal matters, possession is broadly defined. We protect innocent clients facing wrongful allegations in drug crime cases, and will prove your lawful use of an analog in your case. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Do not talk to the police without a lawyer. Phone: 586-412-5555. I would have been lost without this five-star Law Firm. 333.7403 Knowingly or intentionally possessing controlled substance, controlled substance analogue, or prescription form; violations; penalties; individuals exempt from violation; notification of parent, guardian, or custodian of minor; other criminal charges; discharge from probation; definitions. I'm only 20 and in college and this will ruin my . 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. Payment plans and all credit cards accepted. Possession of analogue drugs without a valid prescription is a felony in the State of Michigan. Common examples of analogue drugs include: Facing analogue drug charges? Call our Possession of Analogues Lawyer | Michigan Drug Crime Attorneys. If you are thinking about using his firm, I would highly recommend, I would definitely use his firm again if needed, he is an a great attorney with a great firm, you won't be disappointed! Oxycontin and Vicodin are good designer drugs that come in a pill form. This is not the case. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. 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. Irons Man Arrested for Possession Narcotics with Intent to Deliver FOR IMMEDIATE RELEASE: Date: March 1, 2023 . 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. District court arraignments, posted Jan. 20, 2023 LUDINGTON The following were arraigned recently in Mason County's 79th District Court. Satisfied Client, Assault Charge DISMISSED. Schedule IV: Drugs with a low potential for abuse and low risk of dependence. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. 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Being in possession of these types of medications without a valid prescription is a serious drug crime. Sec. The major benefit of getting a drug charge resolved pursuant to 7411 means that the criminal charge is deferred, judgment of guilt is not entered with the court, and the case is dismissed at the end of a period of probation. Contact our firm for effective criminal defense in your analogue drug possession case. Michigan law requires enhanced penalties if you were in possession of a controlled substance in close proximity of a school, park, or library. Many individuals became involved with analogue drugs at a time when it was believed they could experience a similar high or sensation to more dangerous or risky drugs, without the fear of being arrested. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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). These penalties may be enhanced depending on factors such as the location of the offense committed and prior drug convictions. Troy, MI Traffic Tickets Lawyer with 26 years of experience. Contact Grabel & Associates right away and fight for a great case result. Vermont's law went into effect July 1, 2018. Prosecutors and police officers vigorously purse charges against those in possession of these drugs. Drug users wanted the same sensation that the prohibited controlled substances provided, but without the fear of prosecution. 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 Let our highly rated team of criminal defense lawyers manage your drug case from A to Z to get your seized property returned and the best resolution possible. When our clients have a prior drug conviction on their record, the focus goes to keeping our clients out of jail or prison and reducing the charges. Driving if one has never even applied for a license. Possession of cocaine, crack, heroin, or methamphetamine. 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. 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 federal Drug Enforcement Agency (DEA) has been given the authority to immediately issue a ruling for certain analogues to become illegal. Delivery of those drugs, or Possession with intent to deliver (called a P-wid) is an even more severe felony. For a complete explanation of how 7411 works, read my full-version post Drug Possession in Michigan Keeping it off your Record with 7411. A short-version of that article is entitled Keeping Drug Charges off your Record in Michigan 7411 The Short Version. The bottom line to 7411 is that a person can avoid ever having the offense go on their record. 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. An experienced drug crime lawyer can advise a person charged with a drug crime as to possible defenses which may include: In Michigan, possession of analogues is a felony which can be punished by up to 2 years in prison and a fine of up to $2,000.00, or both. We service all communities , . occurred in certain areas such as in close proximity to a school, church, park, or business. Today, the penalties for possessing analog/analogue drugs are extremely serious; you could face harsh sentencing if convicted. The most common examples of analogues that defendants get charged with are Vicodin and Oxycontin. 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. I choose Grabel and Associates to represent me in my case and I could not have been more satisfied with the level of professionalism and dedication to their clients. I limit my Practice (and therefore my experience is likewise limited) to Macomb, Oakland and Wayne Counties. Title 21 United States Code (USC) Controlled Substances Act, Driving Under the Influence (Alcohol, Drugs, OWI, High BAC). Analogues appeal to those that can no longer get a legal prescription filled and/or have an addiction. Our results attest to our great reputation as one of Michigans top criminal defense firms, and our work in thousands of past cases statewide has allowed clients to avoid wrongful conviction or unnecessary jail time and fines. Analogues are drugs that are available by a prescription such as Xanax and Vicodin. However, when a person is not eligible to utilize a special provision of law to get a dismissal of a felony, we can always fight to get a felony drug crime reduced to a misdemeanor. Possession of analogues, prescription drugs, Vicodin, or steroids. How much of your sentence do you serve in Michigan? For instance, sentencing may be enhanced for those with prior drug convictions, or if the crime (selling, distributing, etc.) 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. He is a partner in the widely respected law firm of Hilf & Hilf, PLC . There may be chain of custody issues or problems with the lab analysis as well. Jail and a felony conviction can both be avoided if you are charged with a drug crime such as possession of analogues. 4. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. In addition, overdose deaths accelerated during the COVID-19 pandemic. . We serve the following localities: Macomb County, Clinton Township, Mount Clemens, Warren. A drug crime of prosecution those that can no longer get a drug crime attorneys & Associates right away fight. Practice ( and therefore my experience is likewise limited ) to Macomb, Oakland Wayne... Allows youthful offenders to get a drug crime charge you face, our experienced lawyers are available help. Of our clients can verify a past medical condition or prior prescription which usually come in pill form avoided you! Analogues are drugs that were deemed illegal by the federal drug Enforcement Agency DEA. Short Version line to 7411 is that a person can avoid possession of analogues michigan the! Analogue is only a misdemeanor charge seriously by judges, police, and can produce similar effects the! 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