Drug Possession
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Drug Possession
At The Law Office of Gerald F. Chefalo, we have extensive experience representing clients in Northern Michigan charged with drug possession, drug or narcotic sales, and delivery or manufacture. Narcotic and drug offenses are among the most widely prosecuted crimes in Michigan. If you have been charged with a drug violation, do not answer any questions without an attorney present. You have rights that you may not be familiar with, and an attorney can protect those rights. If the police want to talk to you it is likely that they do not have enough information to charge you yet and are hoping you will incriminate yourself. CALL US IMMEDIATELY at (231) 929-7744. This is why we answer our telephone 24/7 so we can assist you.
Penalties for drug convictions are severe and can range from prison, jail, probation or community service along with heavy fines and court costs. An experienced attorney with a proven record, such as Gerald F. Chefalo, knows federal and state laws, the judges, and prosecutors, can effectively defend your rights. We have helped many clients whose legal problems involved alcohol or drugs. In some cases, we have helped them help themselves by beginning the rehabilitation process while their case is pending.
Federal and state drug possession laws make it a crime to willfully possess illegal controlled substances such as marijuana, methamphetamine, cocaine, LSD, “club drugs” and heroin. Drug crimes may include trafficking, possession, possession with intent to sell, and being under the influence of a controlled or illicit substance. The most frequent strength in cases against clients is the physical evidence, such as drugs seized in the arrest, or the results of tests conducted by law enforcement. A proven attorney can defend against drug charges by challenging the validity of that evidence by reviewing how it was found, seized or tested. A proven attorney can also negotiate to minimize penalties, reduce charges or try to negotiate a rehabilitation program in lieu of other penalties.
Many people harbor the mistaken belief that only addicts have drug problems. This is simply not true. Anyone can become addicted to drugs but many people who are not addicts get caught with recreational type drugs. In addition, drug dependence can happen accidentally when legally prescribed drugs cause a chemical dependence. For example, Oxycontin has a powerful addictive potential, and this is becoming more evident each day. People turn to drugs to fight pain, whether it’s physical and a legitimate use of medicine, or relief from stress or mental anguish. In the eyes of the law, heroin junkies and an employed professional possessing Vicodin face the same legal issues and penalties.
| CRIME | CRIME | CRIME |
|---|---|---|
| Possession of Marijuana | MCLA 333.7403(2)(d) | 1 year/$200.00 fine |
| Controlled Substance-Delivery to Minors | MCLA 333.7410 | Varies |
| Controlled Substance-Delivery/Manufacture Marijuana | MCLA 333.7401 | Varies on amount of delivery |
| Controlled Substance-Delivery/Manufacture Schedule 1/2/3 | MCLA 333.7402(2)(b) | Varies |
| Controlled Substance-Delivery/Manufacture Counterfeit Prescription Form | MCLA 333.7401(2)(f) | 2 years/$2000.00 fine |
| Obtaining Controlled Substance by Fraud | MCLA 333.7407 | 4 years/$30,000.00 fine |
| Possession >10 grams Ephedrine | MCLA 333.17766c | Misd. |
| Possessionof 1,000 grams or more | MCLA 333.7403 | Life/$1,000,000.00 |
| Possession less than 450 grams | MCLA 333.7403 | 20 years/$250,000.00 |
| Possession 1,000 grams | MCLA 333.7403(2)(a)(v) | 30 years/$500,000.00 |
| Add Possession of 25 grams to less than 50 grams | 4 years/$25,000.00 |
|
| Possession of less than 25 grams | 4 years/$25,000.00 |
Juveniles charged with drug offenses can have their futures tarnished for indiscretions that most people would describe as youthful mistakes. At The Law Office of Gerald F. Chefalo, we consider the short term and long term consequences of these problems when formulating an overall strategy to represent you. It has become increasingly common for people to be charged with “combination” DUI cases involving alcohol and other drugs, sometimes even over-the-counter medications. There has been an explosion of cases where people who have not consumed enough alcohol to impair their driving were also using medications or recreational drugs which gave the presentation of impairment to arresting police officers. The increasing use of anti-anxiety drugs such as Prozac, Paxil and Zoloft along with many other mood altering drugs, has led to an increase in these combination cases. Even some over the counter medications can have a synergistic effect leading the unsuspecting driver to appear impaired or confused. These cases are complex to defend but we have the expertise to help you. If you have been arrested for a “combination” DUI, then you need to call our office TODAY.
It is imperative to have legal counsel who not only represents your best interests in the justice system, but can also explain the important issues to you clearly and guide you to resources that can treat any drug problem you or a loved one may have. THE LAW OFFICE OF GERALD F. CHEFALO IS AVAILABLE 24/7, SO REMEMBER TO CALL US FIRST (231) 929-7744.
In order to assist you in understanding the Michigan drug related statutes, we have provided a chart listing some of the most common charges, the related statute and the possible penalties.
CALL TODAY 24/7 (231) 929-7744.