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. Vermont's law went into effect July 1, 2018. I should have done this a long time ago. 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 analogues or analog drugs are those which have a remarkably similar chemical nature to other illicit or illegal drugs such as deadly heroin. Under Michigan drug laws, Possession of Ecstasy (MDMA, or "Molly") or Meth in any amount has a penalty of up to 10 years in prison and $15,000 in fines. At Grabel & Associates we vigorously defend those accused of drug crimes. 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. 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. 50 W. Big Beaver, Suite 240, Troy, MI 48084, Garmo & Kiste, PLC | Criminal Defense & Family Law Attorneys | Troy, MI. Possession of Analogues is what's technically called a "High Court Misdemeanor," meaning it carries up to 2 years in Jail. The Center for Disease Control says that the drug overdose epidemic continues to worsen in the United States. Its as if the whole thing never happened. This provision applies to youthful offenders age 18 but before age 26. 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. Call Us at (734) 887-6200 Contact Us. Related cases include things like obtaining, or attempting to obtain the medication by fraud. Just wanted to thank you for winning my license appeal. Matt and his staffturned a terrible situation in my life into a positive life learning experience. Grosse Pointe, Sterling Heights, Oakland County, Pontiac, Troy, Auburn Hills, Madison Heights, Wayne County, Detroit, Plymouth, Highland Park, and Romulus. Our experienced team of Michigan analog drug possession attorneys is focused on protecting your legal rights, and keeping you out of jail. There may be chain of custody issues or problems with the lab analysis as well. This will allow you to keep drug charges off your record and avoid criminal punishment, in accordance with Section 333.7411 of the Public Health Code. This feeling is false and causes numerous people to face felony charges. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. 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. Do not talk to the police without a lawyer. Possession of methamphetamine or ecstasy (MDMA) is a felony, punishable by; 10 years in prison $15,000,00 fine, or both Possession of a drug listed in schedule 1, 2, 3, or 4 or analogue that is not a narcotic drug or cocaine is a felony, punishable by; 2 years in prison $2,000.00 fine, or both Analogue drugs or designer drugs copy the chemical structure of illegal drugs such as cocaine, heroin, or codeine. When a person fills out a job application, they can truthfully say they have never been convicted of a criminal charge. 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. Valium, Oxycontin, Vicodin and other analog drugs are illegal when the user is found in possession without a valid prescription. Many designer drugs can pass through drug a screening test, which creates a problem for Michigan police, parole officers, and drug enforcement teams. Possession of an Analogue Controlled Substance in Livonia Michigan - Possession of a Controlled Substance Analogues or Certain Controlled Substance under 333.7403 is a Class G felony that carries up to 24 months in prison. Michigan law requires enhanced penalties if you were in possession of a controlled substance in close proximity of a school, park, or library. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Perhaps the most common example is Vicodin, which is chemically similar to codeine, and can produce similar effects in the user. If you are reading these reviews you are about to make a decision that will have a large impact on the rest of your life. Fortunately, there are ways to do this and there are also ways to get a drug charge dismissed under various provisions of law in every Michigan court: MCL 333.7411: This provision of law allows for one lifetime dismissal of a drug crime that involves possession or use, not delivery or trafficking. Search Code of Federal Regulations. The record is non-public and is sealed after the case is dismissed. Desperate individuals will write fake prescriptions on fake prescription pads or phony call ins in an attempt to unlawfully obtain prescription medicine. Under federal law, possession of a firearm or ammunition is punishable by up to 10 years in prison. 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. If there are one or more prior drug convictions within the last seven years, your drivers license may be suspended for one year. District court arraignments, posted Jan. 20, 2023 LUDINGTON The following were arraigned recently in Mason County's 79th District Court. 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. 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). Construction possession is another way that you can possess something and be found guilty of a crime. Guy Gardner was created by John Broome and Gil Kane in Green Lantern #59 (March 1968), although the character was changed significantly in the 1980s by Steve Englehart and Joe Staton who turned him into a jingoistic parody of an ultra-macho "red-blooded American male". Now I am being charged with Possession of Analogues which I didn't know was a felony!!! Possession of Analogues (Designer Drugs) by Jared Austin on Nov. 25, 2013. I was so happy when I got the letter in the mail that said I had won. 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. Being charged with possession of Adderall is a non-violent crime and considered less serious than other drug charges in Michigan. Our criminal defense strategies have been proven in counties statewide, and we will apply our dynamic and effective tactics to your fight for justice. The driver of the . Satisfied Client, Assault Charge DISMISSED. Published By Jeffrey Randa and Associates, Drug Possession in Michigan Keeping it off your Record with 7411, Keeping Drug Charges off your Record in Michigan 7411 The Short Version, Driver's License Restoration - Out of State Issues, Indecent Exposure and Aggravated Indecent Exposure, Drunk Driving (DUI) in Michigan and the Importance of the Alcohol Screening Test, Dont call a Witness in a Michigan Drivers License Restoration Hearing, Michigan Drivers License Restoration and Clearance Appeal Hearings are Done Virtually. This means a person can face up to two years in prison and a tough fine of up to $2,000 or both. I had many obstacles to overcome, in the end I walked out with with my driving privileges reinstated. 42nd District Courts located in Romeo & New Baltimore: Drunk Driving, Retail Fraud and Domestic Violence, Everything You Want to Know About Pretrial Conferences & Probable Cause Conferences in Macomb County, Mere Presence at a place where drugs are present. The federal Drug Enforcement Agency (DEA) has been given the authority to immediately issue a ruling for certain analogues to become illegal. Contact the ABDO LAW FIRM for a free consultation if you are charged with any crime including all drug crimes, possession of analogues or operating a vehicle while intoxicated. It also helps to know the local judges and prosecutors very well. The penalties under Michigan law for possessing these drugs are extremely serious. To put it another way, if you havent gotten yourself into some kind of accredited counseling by the time the Judge sentences you, you are going to be ordered to attend wherever the court tells you to go, and the limitations of your schedule, insurance or money problems arent part of that order. If there are no prior drug convictions, your drivers license may be suspended for six months. When you choose Scott Grabel to represent you will open yourself up to all of his resources. Scott was with us every step of the way. Going with their firm was the best decision I could have made and I owe them everything for turning my bad decision into a extremely manageable situation. Scott Grabel was kind enough to look into my situation and take his time to speak with me free of charge. Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation or contact us with a private message. 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. For example, consider the following inquiries that we have seen used by the police to get a party to consent: There are many factors that may make a consent search illegal which include consent searches made when a person is handcuffed, under the influence, or a consent search that is coerced or involuntary. Driving if one has never even applied for a license. Daniels was given a. Possession of marijuana. The conditions of probation may include random drug testing and substance abuse counseling. We will evaluate your case and discuss all of your options. The prosecutors consent to 7411 may be necessary. Other designer drugs, such as a-methylfentanyl, methedrone, and benzylbutylbarbiturate are also considered similar to illegal narcotics and are therefore illegal in Michigan. Phone: 586-412-5555. 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. Locatedin Troy, MI. According to WCCO, Davis has been booked on recommended charges of attempted distribution of a drug analogue, possession with intent to distribute fentanyl and illegal possession of a firearm as a . Vicodin and Oxycontin are good examples of these "designer drugs," which usually come in pill form. Do not consent to a search of your residence or vehicle. Vicodin, Valium, Oxycontin and other analog drugs are illegal to possess when the user does not have a valid prescription from a doctor. possession of analogues, possession of Xanax, possession of Adderall, possession of fentanyl and possession of cocaine. For Manufacture or Delivery of Analog . 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. Grabel & Associates will aggressively defend you in your analogue possession case. We have represented clients who simply gave some pills to a family member or friend who was in pain. Schedule I: Drugs with no currently accepted medical use and high potential for abuse. The following situations are not eligible for 7411: . If a person gets convicted of possession with intent to distribute, deliver, sell, or manufacture these drugs the penalties get serious. 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. We serve the following localities: Macomb County, Clinton Township, Mount Clemens, Warren. The contact form sends information by non-encrypted email, which is not secure. 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. 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. The drug crime involves use or possession. All criminal offenses that are classified as drug delivery or drug trafficking are felonies in Michigan. In mid-October 2021, the Michigan State Police received "a few, vague details" about Baker, including information that he had possession of bombs and was seeking revenge. 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). Delivery of those drugs, or Possession with intent to deliver (called a P-wid) is an even more severe felony. In cases where there is no clear way to beat the case, I will next see if the person is eligible for a negotiated arrangement which will allow them to keep the whole thing off of their Record. 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. Publication history edit. For first time youth offenders in analogue possession cases, Michigan 7411 sentencing may be an option. 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. 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. Creation, Manufacturing, or Delivery (Possession with Intent to Deliver) punishable by up to 15 years in prison and $250,000 in fines. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. In this Tri-County area, there has been a virtual explosion of cases involving Analogues Charges. It also determines what legal rules and Constitutional standards apply. Satisfied Client, Assault Charge DISMISSED. In Michigan, the penalties for analog drugs are: For Use of Analog Drugs: This is a misdemeanor charge. 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. Felonies - Dustin Douglas Clark, 30. Jeff and his team were very helpful. Once probation is successfully completed, our clients never have to worry about that charge being on their record. Also, many do not realize that analogues can be just as strong and even stronger than the illicit drugs they imitate. Schedule I and II drugs include ecstasy, cocaine, and heroin. 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). Call Abdo Law for Free Confidential Consultation to get your life back on track. We will protect your rights and fight back against aggressive drug crime enforcement teams. In 2018, Vermont became the first state to legalize marijuana for adult use through the legislative process (rather than a ballot initiative.) (a) A person commits the crime of unlawful distribution of controlled substances if, except as otherwise authorized, he or she sells, furnishes, gives away, delivers, or distributes a controlled substance enumerated in Schedules I through V. (b) Unlawful distribution of controlled substances is a Class B felony. 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 . Widely used analogues include Vicodin, which mimics the effects of codeine, and Oxycontin, which can be compared to heroin. Under past state drug laws, only actual listed drugs were considered illegal, making these designer drugs ideal. Some of these drugs include Fentanyl, heroin, cocaine, MDMA (ecstasy) and analogues. Prosecutors treat these cases very seriously and often will not be willing to offer good plea deals, especially for repeat or habitual offenders. 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. 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. 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. If a person is charged with possession of an analogues, they will face a felony offense. This is not the case. 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