Controlled Substance Violations, Penalties, and Defenses
An Ann Arbor drug defense law firm will tell you that the severity of a controlled substance violation depends heavily on the schedule of drug found in your possession. The higher the schedule drug found on your person the more serious the charge. In addition, the amount of any drug in your possession or how many grams there are total can greatly impact the severity of the criminal charge. Controlled substance violations can range anywhere from a life-long felony conviction to a misdemeanor resulting in probation. It’s important to understand the seriousness of your drug charge and where you stand in regards to the repercussions. It’s imperative to hire an experienced drug crime attorney who understands what you’re facing and has the experience to get you the best result.
(In order to understand the Schedules of drugs see What is a Controlled Substance?)Our Ann Arbor Drug Defense Law Firm Explains the Penalties of Schedule I-Schedule II Drug Violations in Michigan
Depending on how many grams of the substance is found on your person determines the severity of the charge.
- 1,000 grams of a schedule I or schedule II drug can be charged a felony with life in prison, no more than a $1,000,000 fine, or both.
- 450 grams - 999 grams of a schedule I or schedule II drug can be charged a felony with up to 30 years in prison, no more than a $500,000.00 fine, or both.
- 50 grams- 449 grams or more of a schedule I or schedule II drug can be charged a felony with up to 20 years in prison, no more than a $250,000.00 fine, or both.
- 25 grams - 49 grams of a schedule I or schedule II drug can be charged a felony with up to 4 years in prison, no more than a $25,000.00 fine, or both.
Clearly, these are very serious punishments that are life-altering and scary. Keep in mind hiring the right drug crimes lawyer for your defense is the smartest thing you could do. You need a professional who has experience challenging drug crimes cases, investigating the facts of the case, and even taking the case to trial.What are Possible Defenses to Controlled Substance Violations?
- One possible way to handle a controlled substance violation is to take responsibility for the drugs. This may require you to be open and honest about an addiction. Let’s say you were prescribed oxycodone years ago for chronic back pain. Over the years you became dependent on the narcotic and now you are illegally obtaining it to feed your addiction. Let’s be open and honest with the judge and prosecution about how you came to be where you are today. As your Ann Arbor drug defense law firm, we will give you the tools to get the best plea deal possible. For example, we will advise you to start attending narcotics anonymous, enroll in inpatient or outpatient rehab, and meet with a physician who can legally and safely taper you off the specific narcotic you have become addicted to. This will make you look responsible and accountable in the court of law setting you up to have a great outcome.
- Another possible defense to a controlled substance violation is that the drug were not yours. This happens all too often, most of the time in vehicles. For example, your friend lets you take his car out for a spin, you’re stopped by law enforcement and during the routine stop illegal drugs are found in the automobile. The defense here is that this is not you car and therefore, not your illegal controlled substance.
- Lastly, another defense to a controlled substance charge is that the traffic stop or search on your person was an improper search and seizure. If law enforcement stops you and subsequently finds illegal drugs we can challenge if the stop, or reason they pulled you over, was legal to start with.
Drug crimes can land you in a whole lot of trouble. An Ann Arbor drug defense law firm is your key to getting your controlled substance violation dismissed or drastically plead down so you can get on with your life. Do not let a drug violation ruin your reputation and your employment. Contact ArborYpsi Law and an experienced drug crime attorney will work with you to get the best result possible.