In Michigan, crimes involving analogue drugs are taken very seriously by judges, police, and prosecutors. Drug Crimes Dismissed Under 7411 | Macomb County Criminal Lawyers. Use of Analogues punishable by up to one year in jail with $1,000 in fines. Our no obligation, toll free number is available 24/7, and we can immediately begin working on your case. This program will allow his clients to get a criminal conviction for possession of analogue off their record. Analogues appeal to those that can no longer get a legal prescription filled and/or have an addiction. In this article, Ill be taking a short break from my ongoing series about License Restorations and will instead address an issue that is coming up more and more frequently in my Criminal Practice. Gus Oakland County Circuit Court convictions include third-degree fleeing and eluding police and driving on a suspended license in 2013, breaking and entering in 2006, and possession of analogues . The penalties you face for a conviction could be incarceration and losing your drivers license. Is there a search and seizure issue? Perhaps the most common example is Vicodin, which is chemically similar to codeine, and can produce similar effects in the user. Satisfied Client, Assault Charge DISMISSED. 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. If you have prior felony convictions, or prior drug convictions there will be enhanced penalties which will increase the amount of incarceration a person will face. Thank you for your knowledge and help in winning restoration of my driving privileges. Call for a Free & Confidential Consultation. When a person fills out a job application, they can truthfully say they have never been convicted of a criminal charge. We know there are alternative sentencing options and various defenses that work to keep our clients out of jail. Call us toll-free today at 1-800-342-7896 for a free initial evaluation of your case or fill use our online contact form. Schedule II: Drugs with a high potential for abuse, with potential to result in severe psychological or physical dependence. Scott Grabel was able to lead me through every step of the process with great communication the whole way. Did they have a valid prescription? 7403 provides that a violation of this section as to a controlled substance classified as an analogue is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both. Contact ABDO LAW immediately if you are being investigated or charged with any Michigan drug crime in the counties of Macomb, Oakland, Wayne, or St. Clair. 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. Some examples are: Xanax, Soma, Darvon, Darvocet, Valium, Ativan, Talwin, Ambien and Tramadol. 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. In Michigan, there are several progressive laws on the books that enable a person to get a misdemeanor or felony criminal charge dismissed. Users wanted to experience the same effects of an illegal drug without being charged with a drug crime. If found guilty of analog possession, you may be sentenced to up to two years in prison, fines of up to $2,000, or both. . The issue of possession is an essential element of a drug crime. If you are accused of possessing a designer drug, contact our firm right away for aggressive criminal defense. Property that is found based upon a legal search can be used as evidence against the person in subsequent criminal proceedings. We will protect your rights and fight back against aggressive drug crime enforcement teams. You are not required to be a snitch or cooperate with the police to get your drug crime dismissed pursuant to 7411. 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. Search of Persons on Parole or Probation, Border Searches (tunnel and bridges to Canada), You do not have to make any statements to the police pursuant to the 5. It also helps to know the local judges and prosecutors very well. Five Stars! 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. If a person is charged with possession of an analogues, they will face a felony offense. Delivery or intent to manufacture a drug is a much more serious felony charge. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. If a person enters any sort of plea deal regarding drug charges, they will be ordered to rehab or treatment anyways. Our criminal defense strategies have been proven in counties statewide, and we will apply our dynamic and effective tactics to your fight for justice. Sometimes the compulsion to use these drugs far outlasts both the need and valid prescription for them, causing the once-legitimate user to become a long-term addict. Analogues cases, like DUI cases, cut across every social and socio-economic rank. Payment plans and all credit cards accepted. Another frequently-abused Analogue is Oxycontin, which has been described as heroin-in a pill.. This is always the first place to start when deciding on whether they are valid search and seizure issues that can be raised to either get the case dismissed or to be used as leverage in plea negotiations with the prosecutor to get the charges reduced or a better deal than what is being offered. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Call 586-412-5555. According the United States Code (21 USC 802) a controlled substance analogue means a substance which is substantially similar to the chemical structure of a schedule 1 or 2 controlled substance and has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II. The contact form sends information by non-encrypted email, which is not secure. A person is in constructive possession of something that is within his or her control. We will explore all of the options, advise you of the legal process, answer your questions, and use all of our skill, knowledge, and experience to obtain positive results in your case. For instance, sentencing may be enhanced for those with prior drug convictions, or if the crime (selling, distributing, etc.) A legal search is one that is obtained by a validly executed search warrant or conducted based upon an exception to the search warrant requirement. Most attorneys will not do that. Dont settle for a felony conviction when you can hire a law firm that has had more felonies dismissed than any other law firm in Macomb County. Located in Ann Arbor, Michigan, the Law Offices of Joseph A. Simon handles all criminal defense matters primarily in Washtenaw County but also service all surrounding counties. Tag Archives: michigan possession of analogues. The Dec. 3 incident involved an incident near the intersection of Nelson Road and U.S. 10 in the City of Ludington. I should have done this a long time ago. 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 He is a partner in the widely respected law firm of Hilf & Hilf, PLC . Contact us to receive a free, confidential consultation with one of our attorneys. Free Emergency Consultation 24/7 Tap Here to Call Us ; . In response, Congress passed the Controlled Substance Analogue Enforcement Act in 1986, which made the use, possession, and delivery/manufacture of analogue drugs illegal. The federal Drug Enforcement Agency . Definition of analogue (Entry 1 of 2) 1 : something that is similar or comparable to something else either in general or in some specific detail : something that is analogous to something else historical analogues to the current . A person with a prior drug crime or who has used in 7411 is not eligible for this deal. Once dismissed, the Michigan State Police is ordered to remove the matter from the public records. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. exceptions to the search warrant requirement, Michigan's prescription monitoring program, Airport Checkpoint & Border Crossing Crimes, Using a Computer or Internet to Commit a Crime, Credit and Debit Card Crimes, Financial Transaction Devices, Child Related Crimes: Pornography, Abuse, Contributing to Delinquency, First Offense Dismissals Without Trial, MCL 769.4a, Drug Crimes: Cooperation, Forfeiture of Assets, Possession of Drugs or Marijuana Crimes, 7411 Dismissals, Possession, Conspiracy, Aiding and Abetting, First Time Offenders, Dismissals and Avoidance of Convictions, Forgery Uttering and Publishing, Check Account Crimes, Home Invasion, Breaking and Entering, Burglary, Criminal Investigations, Interrogations, Crime Classifications, Larceny and Related Crimes, Receiving and Concealing Stolen Property, Other Criminal Law Specialties, Guide to Courts, Possession of Child Pornography, Child Sexually Abusive Activity, Probable Cause (Pre-Exam) Conference & Preliminary Examination, Representing Veterans and Veterans Treatment Court, Resisting, obstructing, assaulting, endangering police, Sex Crimes: He Said She Said, Polygraphs, Confessions, Solicitation of a Minor for Sex or Immoral Purposes. What Is An Analog Drug? This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. Abdo law FOUGHT and got my DUI kicked out of court when my job was on line. Once probation is successfully completed, our clients never have to worry about that charge being on their record. Surprising, many of our clients can verify a past medical condition or prior prescription. 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 Manufacture or Delivery of Analog . Analogue drugs were initially created to replace drugs that were deemed illegal by the federal government. Other people become addicted to designer drugs because they were suffering from an injury and used these drugs to help them cope with the severe pain they were feeling. Our drug possession attorneys understand that you need aggressive criminal defense representation when you face illegal designer drug possession charges, and our attorneys will work to protect your rights and freedom throughout every stage of your case. 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. We are available to our clients 24/7, so do not delay in contacting our office. 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). There is no typical profile of the people of who find themselves facing this charge, just typical scenarios of how they got there. I would have been lost without this five-star Law Firm. At The Kronzek Firm, our drug defense attorneys have been defending clients facing drug charges for more than 25 years.We have attorneys on call 24/7 and offer free initial consultations. Charges of possession of a narcotic or cocaine less than 25 grams and possession of analogues were dismissed. He doesn't rush you and answers your questions very thoroughly. These penalties may be enhanced depending on factors such as the location of the offense committed and prior drug convictions. There are several ways that we can get a drug crime under control. Also, keep in mind that all drug convictions in Michigan (even marijuana possession) have mandatory drivers license suspensions meaning that upon conviction, you will automatically lose your drivers license for a period of time. While old medical records and prescriptions are useful in our negotiations, in most cases they will not support an outright dismissal. The penalties under Michigan law for possessing these drugs are extremely serious. Related cases include things like obtaining, or attempting to obtain the medication by fraud. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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