In order to perform a search on a person, vehicle, or home, the police need either a search warrant or a valid exception to the search warrant requirement. 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. The following situations are not eligible for 7411: . Analogue drugs are chemically similar to illegal narcotics, and often have the same effects on users. These laws were created in response to state Need Michigan Defense Attorney for Possession of Analogues- Vicodin & Xanex Felony Charges In Macomb County, Shelby Township Michigan - Pulled Over By Shelby Police for Talking On Cell Phone!!! This is not the case. As a Michigan drug crimes lawyer, my approach to analogues or drug charge is to first review the police report to see if there are any grounds to challenge the stop of either the vehicle or person. This means that they are never convicted of the offense, and when filling out a job application, can safely say that they have no convictions (at least as far as this case goes). Similar crimes involve obtaining medicine without a prescription or prescription fraud. As experienced Michigan analogue drug attorneys, we know the serious consequences . Matt and his staffturned a terrible situation in my life into a positive life learning experience. 7403. 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. If I am ever in need of an attorney in the future I will be calling Scott Grabel and will highly recommend him to anyone with a legal issue. Possession of any illegal drug is a felony. Being in possession of these types of medications without a valid prescription is a serious drug crime. Beyond keeping the drug crime off your record, you avoid most the penalties that go with it, including the drivers license suspension and the fees associated with that. 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. 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. These drugs can produce pleasurable highs when they are taken in high doses. In response, Congress passed the Controlled Substance Analogue Enforcement Act in 1986, which made the use, possession, and delivery/manufacture of analogue drugs illegal. Users quickly found out that they could use designer drugs (analogues) which were similar enough in their chemical compound to give them a faux sensation. Shawn knows how to keep his clients out of prison and how to keep your driving privileges. Phone 586-412-5555. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. 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. The Michigan law, which is found at MCL 333.7411, also known as "7411", applies only to persons charged with "use" or "possession" of marijuana or drugs. Charges related to stolen prescription pads, fake prescriptions, phony call-ins where someone pretends to call a prescription in on behalf of a Doctor, and even the stealing of these medications from legitimate patients have likewise been on the rise. 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). . Analogues are easily obtainable on the streets or at job sites such as construction sites. Creation, Manufacturing, or Delivery (Possession with Intent to Deliver) punishable by up to 15 years in prison and $250,000 in fines. Possession of Controlled Substances & Analogues | Macomb County. Call us at 8667NoJail or 866-766-5245 today to start getting help!. Aaron Alan Davis, 42, of Dowagiac, pleaded guilty to possession of analogues, impaired driving and disturbing the peace and was sentenced to 10 months' probation, credit for one day served and $1,575 in fines and costs. occurred in certain areas such as in close proximity to a school, church, park, or business. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Sec. Tag Archives: michigan possession of analogues. 1 - Misdemeanors, Felonies and Misdemeanors: Pt. If you are facing criminal charges related to analogues or other drugs, please call Shawn now at 616-438-6719. Delivery of those drugs, or Possession with intent to deliver (called a P-wid) is an even more severe felony. In my Criminal Practice, when I am, for example, contacted by someone who has been charged with Possession of Analogues, I first investigate the case to find out if there is a way to beat the case. Thank you for your knowledge and help in winning restoration of my driving privileges. Schedule II: Drugs with a high potential for abuse, with potential to result in severe psychological or physical dependence. | Livonia Criminal Defense Attorney Skip to main content Home About Even the most serious felony drug crimes can be dismissed under MCL 333.7411, including possession of analogues and also drug crimes punishable by up to 10 years in prison, such as possession of methamphetamine and possession of ecstasy. The 7411 law also applies to those charged with felony possession of analogues, heroin, cocaine, LSD, methamphetamine, and MDMA/ecstasy. The conditions of probation may include random drug testing and substance abuse counseling. 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. Sara Jane Tenhoor, 18, of Galesburg, was sentenced to three days in jail, one year of probation and ordered to pay attorney fees, court costs and state fees for possession of analogues in. As I tell my clients, usually we cant just outright prevent any bad things from happening, but we can contain the damage or minimize the pain. 333.74032b1 controlled substance - possession of methamphetamin/ecstacy felony drugs (preceding 7 years) 333.74032b-a controlled substance - possession/analogues felony drugs (preceding 7 years) 333.74032b-b controlled substance - possession (substance added to schedules 1, 2, 3, or 4 by rule). Driving if one has never even applied for a license. Of course, if you are innocent of the charges, we are happy to take our case to trial. Many people have never even heard the term Analogues until they a charged with a crime involving them. The initial contact with the defendant is crucial because the police must have certain criteria for initiating contact with someone. Arrested by Mason County Sheriff's Office. Vicodin and Oxycontin are good examples of these "designer drugs," which usually come in pill form. Under past state drug laws, only actual listed drugs were considered illegal, making these designer drugs ideal. The possession of analogues charge was from an incident Jan. 14, 2022. Felony Drug Possession Cases are Eligible for 7411 Drugs that are considered dangerous or highly addictive are classified as felonies. Typically, a person is found in possession of some pills for which they did not have a valid prescription. I assume that its not much different all around the state, but I can only talk about the Detroit area. 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. 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! 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 . This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. All of the following offenses are 7411 eligible: If you have prescription medications in your possession, law enforcement officers have access to Michigan's prescription monitoring program (MAPS). Due to the potential for addiction, abuse, or dependence, designer drugs are taken seriously by law enforcement. 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. In addition, it is not a defense to produce a third persons prescription since you only have the right to possess your own medications! Criminal . Something, such as drugs, can be within a persons control if it is inside a locked glovebox, a storage locker or in a personal dresser drawer. However, if you are convicted of using analog drugs you will face penalties which include up to one year in jail and/or fines of up to $1,000. It's one thing if the person charged is simply a drug addict who possesses the drugs for personal use. Just about any drug crime can be managed if the offender does not have a serious criminal record and gets help for the underlying drug problem. Drug Crimes Dismissed Under 7411 | Macomb County Criminal Lawyers. Analogue drugs are drugs that arechemically similar to illegal narcotic drugs but are available with a valid prescription. In the United States, we are protected from illegal searches and unreasonable government intrusions of our privacy pursuant to the 4th Amendment to the United States Constitution. 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. Do not hesitate to consult with our Macomb County drug crime lawyers for immediate answers to your most pressing questions and a same day appointment or jail visit if necessary. Widely used analogues include Vicodin, which mimics the effects of codeine, and Oxycontin, which can be compared to heroin. 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. Also, many do not realize that analogues can be just as strong and even stronger than the illicit drugs they imitate. In 2018, Vermont became the first state to legalize marijuana for adult use through the legislative process (rather than a ballot initiative.) 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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. The contact form sends information by non-encrypted email, which is not secure. As bad as things may seem right now, there is always a silver lining to any cloud, and, to use one of my favorite phrases, with a little effort and hard work, things can be worked out to not be nearly as bad as they might seem. Phone: 586-412-5555. Thank you for refusing to settle when I was innocent of my accused crime. The federal Drug Enforcement Agency . Surprising, many of our clients can verify a past medical condition or prior prescription. Free Consultation. We service all communities , . Five Stars! Once dismissed, the Michigan State Police is ordered to remove the matter from the public records. Information about this arrest can be found below. Common examples of analogue drugs include: Facing analogue drug charges? Matt and his staffturned a terrible situation in my life into a positive life learning experience. Not many court cases end up being a positive in life, but Abdo Law delivered just that. Shawn and his team of expert lawyers have handled numerous drug cases from selling of narcotics to delivery of narcotics. If you have a drug problem, we will ask the court for a rehabilitative disposition. Call (248) 825-8042 for a consultation. I would recommend Scott Grabel and Associates to my friends, family and anyone who is in need of representation. Analogues are drugs that are available by a prescription such as Xanax and Vicodin. Scott Grabel was able to lead me through every step of the process with great communication the whole way. When our clients are given HYTA or 7411, they are placed on probation and drug testing. Depending on your case Grabel knows experts in all fields. A person is in constructive possession of something that is within his or her control. It is punishable by up to one year, a fine of up to $1,000, or both. CALL: Metro Detroit: 586-412-5555 or Toll Free: 844-Got-Abdo, Possession of Analogues | Macomb County Criminal Lawyers Abdo Law Firm. Michael Bohamed, who pleaded guilty to a charge of possession of analogues, will be admitted to the Kalamazoo Probation Enhancement Program, an inpatient program designed to benefit those who. If a person enters any sort of plea deal regarding drug charges, they will be ordered to rehab or treatment anyways. Analog or analogue drugs are those, which are chemically similar to other illegal or illicit narcotic drugs or substances, such as heroin. Once probation is successfully completed, our clients never have to worry about that charge being on their record. It was a five-star experience. Analogues appeal to those that can no longer get a legal prescription filled and/or have an addiction. Our no obligation, toll free number is available 24/7, and we can immediately begin working on your case. The Michigan statute found at MCL 333.7411 enables eligible offenders to get misdemeanor or felony drug crimes dismissed without jail and without going to trial. 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). Possession of Analogues is whats technically called a High Court Misdemeanor, meaning it carries up to 2 years in Jail. More information can be found in Title 21 United States Code (USC) Controlled Substances Act. However, if our clients fail probation, they will end up having a criminal record. Thank you Abdo law!!!! 1P-LSD is structurally almost identical to LSD, and, according to anecdotal reports, the nature of the effects of the two are highly comparable, save for 1P possibly being only about 38% as potent as LSD. In the state of Michigan, analogue drug use is considered a misdemeanor offense, which is typically less serious than a felony offense. I limit my Practice (and therefore my experience is likewise limited) to Macomb, Oakland and Wayne Counties. I couldn't be happier with the results that we received, I can't speak highly enough about the great job he did. Most attorneys will not do that. This program will allow his clients to get a criminal conviction for possession of analogue off their record. If there are no prior drug convictions, your drivers license may be suspended for six months. 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. 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 . The contact form sends information by non-encrypted email, which is not secure. Contact us to receive a free, confidential consultation with one of our attorneys. felony drugs (preceding 7 years) 333.74032c-a Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Possession of Analog With Intent to Sell or Deliver in Michigan Analogue drugs can include both prescription drugs that have stark similarities to illegal narcotics, and chemical compounds designed to have the same effect as illicit substances. Or Toll free: 844-Got-Abdo, possession of analogues, heroin, cocaine crack! Of course, if you have a valid prescription are taken seriously law... 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