The federal Drug Enforcement Agency (DEA) has been given the authority to immediately issue a ruling for certain analogues to become illegal. Stephen Christopher Vaisey, 53, in Michigan Department of Corrections custody, was sentenced to one year to 10 years in prison and ordered to pay state fees for possession of. With an expert lawyer by your side, you can make it through these charges and thrive. Some of these drugs include Fentanyl, heroin, cocaine, MDMA (ecstasy) and analogues. Scott and his firm did an awesome job representing a family member of mine, I would highly recommend him and his firm! In addition, it is not a defense to produce a third persons prescription since you only have the right to possess your own medications! Analogues are drugs that are available by a prescription such as Xanax and Vicodin. 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. Contact Oakland County Marijuana Possession Lawyer Jeffrey Randa, How to get the best Results in your Indecent Exposure Case, Unsurpassed help for your Indecent Exposure Charges, Embezzlement and the Misbehaving Employer, Arraignment, Bail/Bond, Preliminary Exam, Pre-Trial, Trial and Sentencing, Felonies and Misdemeanors: Pt. To do this, the handling of your case needs to take into account not only facts about you, but the court in which your case is being heard, and the Judge before whom you will be appearing. Do not face a felony charge for possession of analogues without having Shawn by your side! Crimes are made up of elements. I would have been lost without this five-star Law Firm. Other factors will also affect the penalties. We will evaluate your case and discuss all of your options. If there are one or more prior drug convictions within the last seven years, your drivers license may be suspended for one year. When our clients are given HYTA or 7411, they are placed on probation and drug testing. Possession of Analogues Punishable by up to two years in prison and $2,000 in fines. Ask to set up a free consultation with trial attorney Scott Grabel, and benefit from over a decade of criminal defense knowledge. Schedule I: Drugs with no currently accepted medical use and high potential for abuse. 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. When there is no property that can be admitted as evidence to support the crime, the case is dismissed! Traffic Tickets Lawyer Serving Michigan. 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. The DEA can also issue immediate rulings on designer drugs, allowing states to outlaw possession and use as soon as the substance is ruled illegal. He was arraigned on felony charges that included count 1: controlled substance - possession of analogues . 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). . According to the Michigan Public Health Code, possession of an analogue drug could result in up to 2 years in prison, and a fine of up to $2,000. The penalties under Michigan law for possessing these drugs are extremely serious. No entry of guilt is entered unless 7411 status is terminated. A $5,000 personal recognizance bond was set. If you are facing criminal charges related to analogues or other drugs, please call Shawn now at 616-438-6719. 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). Analogues are drugs which are chemically similar to other drugs. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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). It also helps to know the local judges and prosecutors very well. If a person gets convicted of possession with intent to distribute, deliver, sell, or manufacture these drugs the penalties get serious. The following situations are not eligible for 7411: . 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). As bad as these charges are when you are facing them, know that there is a silver lining found in this dark cloud you are dealing with right now. Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation or contact us with a private message. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The penalties you face for a conviction could be incarceration and losing your drivers license. It was a five-star experience. In Michigan, the penalties for analog drugs are: For Use of Analog Drugs: This is a misdemeanor charge. I couldn't be happier with the results that we received, I can't speak highly enough about the great job he did. (248) 792-2590. Once dismissed, the Michigan State Police is ordered to remove the matter from the public records. Not many court cases end up being a positive in life, but Abdo Law delivered just that. Matt and his staffturned a terrible situation in my life into a positive life learning experience. 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). Now, the possession of these drugs, such as bath salts or synthetic marijuana (spice), is heavily regulated and the penalties can be harsh. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. 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. It is, unfortunately, not uncommon to see the same people charged over and over again with crimes involving Analogues because of their highly addictive properties. Driving if one has never even applied for a license. Pursuant to Michigan Public Health Code section 333.7403(1), A person shall not knowingly or intentionally possess a controlled substance, a controlled substance analogue, or a prescription form unless the controlled substance, controlled substance analogue, or prescription form was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of the practitioners professional practice, or except as otherwise authorized by this article.. The contact form sends information by non-encrypted email, which is not secure. The contact form sends information by non-encrypted email, which is not secure. If you have been charged with possession of an analog drug with intent to distribute call an experienced Drug Possession Lawyer in Michigan at 1-800-342-7896. Today, the penalties for possessing analog/analogue drugs are extremely serious; you could face harsh sentencing if convicted. Schedule V drugs are generally used for antidiarrheal, antitussive, and analgesic purposes. Under federal law, possession of a firearm or ammunition is punishable by up to 10 years in prison. We can help! Schedule I and II drugs include ecstasy, cocaine, and heroin. Tia Lyn Verboam-Odekirk, 34, 2963 N. Victory Corner Road, Ludington, was arraigned on a felony count of possession of methamphetamines/ecstacy and a felony count of possession of analogues following a June 19, 2022, incident investigated by the Mason County Sheriff's Office. It is punishable by up to one year, a fine of up to $1,000, or both. Analogues appeal to those that can no longer get a legal prescription filled and/or have an addiction. 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 . Just starting the case. If you have been arrested for analog drug possession, it is imperative that you consult with an aggressive Michigan drug crimes lawyer at once. Felony representation is a serious matter with a clear goal on our end of getting the felony dismissed! The Judge consents to disposition pursuant to 7411. You may believe that because the drug isn't actually heroin, cocaine, methamphetamine or other drugs frequently involved in criminal activity that it is no big deal. Publication history edit. Let our highly rated team of criminal defense lawyers manage your drug case from A to Z to get your seized property returned and the best resolution possible. 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. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. We protect innocent clients facing wrongful allegations in drug crime cases, and will prove your lawful use of an analog in your case. If you are being charged with a crime, especially a felony, getting it dismissed will be our utmost priority. 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. Furthermore, felony convictions carry serious prison sentences and life-long collateral consequences. I thank you so much for all your help and would be so happy to give your name to anyone who needs to get their license back. 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. Many people have never even heard the term Analogues until they a charged with a crime involving them. Construction possession is another way that you can possess something and be found guilty of a crime. occurred in certain areas such as in close proximity to a school, church, park, or business. Are You Emailing About a Criminal, License, or Traffic Matter? Of course, part of this deal is that you will be placed on probation, and drug testing will be required as part of that probation. As you can see, possession of analogues or any controlled substance case, is very complex with a lot of variables that factor into it. Valium, Oxycontin, Vicodin and other analog drugs are illegal when the user is found in possession without a valid prescription. Satisfied Client, Assault Charge DISMISSED. Scott Grabel was able to lead me through every step of the process with great communication the whole way. State & Federal Criminal Appeals and Post-conviction, Revoked and Suspended Driver's License Restoration, Drug Charges, Possession, Manufacturing, Sale & Trafficking, Criminal Sexual Conduct, Prostitution, & Child Molestation, Section 333.7411 of the Public Health Code, Possession with Intent to Deliver Marijuana, Operating Under the Influence of Marijuana, Possession with Intent to Deliver Medical Marijuana, Possession with Intent to Deliver Cocaine, Federal and Major Felony Drug Trafficking, Possession with Intent to Deliver Vicodin, Possession with Intent to Deliver Benzodiazepine, Possession with Intent to Deliver Ecstasy, Possession of Performance Enhancing Drugs, Possession with Intent to Deliver Anabolic Steroids, Possession with Intent to Deliver Designer Drugs, Grabel & Associates Criminal Appeals website, Grabel & Associates Driver's License Reinstatement website. Possession of analogues, prescription drugs, Vicodin, or steroids. Analogues are drugs that are available by a prescription such as Xanax and Vicodin. Count 1, controlled substance possession, methamphetamine/ecstacy; count 2, controlled substance possession of narcotic/cocaine, less than . All criminal offenses that are classified as drug delivery or drug trafficking are felonies in Michigan. 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. Beyond that, I help my clients explore their options for treatment based upon their needs, what kind of money they have (or, as is so often the case in todays economy, DONT have) and what kind of schedule they need. For instance, sentencing may be enhanced for those with prior drug convictions, or if the crime (selling, distributing, etc.) In the state of Michigan, analogue drug use is considered a misdemeanor offense, which is typically less serious than a felony offense. When our clients have a prior drug conviction on their record, the focus goes to keeping our clients out of jail or prison and reducing the charges. Call our Possession of Analogues Lawyer | Michigan Drug Crime Attorneys. While old medical records and prescriptions are useful in our negotiations, in most cases they will not support an outright dismissal. Satisfied Client, 2 Separate Assault Charges DISMISSED. Possession of Analogues (Designer Drugs) by Jared Austin on Nov. 25, 2013. A person that is convicted of a felony cannot own or possess firearms, is forbidden to obtain certain licenses, and likely to experience many other lifetime setbacks. Possession of Controlled Substances & Analogues | Macomb County. The possession of analogues charge was from an incident Jan. 14, 2022. 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. Driving after one's license has been revoked (DWLR), 3. 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. Never go to court without a lawyer because the judge, prosecutor and court clerks will not give you legal advice. 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. 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 . Contact ABDO LAW for a FREE CONFIDENTIAL CONSULTATION if you find yourself facing any criminal matter. However, a person need not have actual physical possession of a controlled substance to be guilty of possessing it. Scott Grabel was kind enough to look into my situation and take his time to speak with me free of charge. A possession of a controlled substance charge is either a misdemeanor or a felony in Michigan. Information about this arrest can be found below. Analogue drugs or designer drugs copy the chemical structure of illegal drugs such as cocaine, heroin, or codeine. Also, many do not realize that analogues can be just as strong and even stronger than the illicit drugs they imitate. If you have no prior drug record, then your situation just got a lot better. These drugs can produce pleasurable highs when they are taken in high doses. Grabel and Associates will defend without prejudice of innocence or guilt. Unless the drug charges get dropped or our clients are found not guilty at trial, it is especially important to start counseling right away. Use of Analogues punishable by up to one year in jail with $1,000 in fines. Analogue possession is a felony offense, which means the penalties are more severe for those convicted. Interested in what the requirements are from the State of Michigan for obtaining your Michigan Concealed Pistol CCW/CPL License - here they are, in detail.. Possession of Analogues in Michigan | Possession of Analogues Lawyer The contact form sends information by non-encrypted email, which is not secure. 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 . 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). Search Code of Federal Regulations. We have represented clients who simply gave some pills to a family member or friend who was in pain. NY and Federal Laws on Analog Drug Possession or Analogue Drug Possession. Possession of analogue drugs without a valid prescription is a felony in the State of Michigan. Phone: 586-412-5555. 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. Best attorney in state of Michigan. A significant portion of heroin users will inform a Court that their drug problem started with the use of Analogues. I was so happy when I got the letter in the mail that said I had won. Possession of analogue drugs without a valid prescription is a felony in the State of Michigan. Working with an attorney will help you fight back against drug crime conviction, and our lawyers have experience working in misdemeanor and felony criminal cases. With drug crime defense attorneys statewide, Grabel & Associates defends people throughout Michigan charged with possession, intent to distribute, manufacturing, cultivation and illegal prescription drugs. It also determines what legal rules and Constitutional standards apply. 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. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Some examples are: codeine, ketamine, anabolic steroids and testosterone. 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. I would have been lost without this five-star Law Firm. There may be chain of custody issues or problems with the lab analysis as well. 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. In Michigan, crimes involving analogue drugs are taken very seriously by judges, police, and prosecutors. 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. The other case with the possession charge and resisting arrest took place on Dec. 3, 2022. Now I am being charged with Possession of Analogues which I didn't know was a felony!!! Most drug cases are felonies. In the state of Michigan, analogue drug use is considered a misdemeanor offense, which is typically less serious than a felony offense. Caring and a true friend. In this Tri-County area, there has been a virtual explosion of cases involving Analogues Charges. Prosecutors treat these cases very seriously and often will not be willing to offer good plea deals, especially for repeat or habitual offenders. The incident occurred July 9, 2020, in Dowagiac. When you choose Scott Grabel to represent you will open yourself up to all of his resources. A person with a prior drug crime or who has used in 7411 is not eligible for this deal. Possession of Analogues is whats technically called a High Court Misdemeanor, meaning it carries up to 2 years in Jail. Enhanced sentencing will also be enforced if it is found that a minor was involved in the crime. 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). The majority of overdose deaths involve opioids. The prosecutors consent to 7411 may be necessary. This has led to harsh laws for analogue possession, as prosecutors look to crack down on illegal drug users before the evidence is gone. Again, this is why I limit my practice to the same courts in Macomb, Oakland and Wayne County. Vermont's law went into effect July 1, 2018. The abuse rate is a major factor in the scheduling of the drug. Metro Detroit: 586-412-5555, Toll Free: 844-Got-Abdo. The contact form sends information by non-encrypted email, which is not secure. MCL 762.11: This statute allows youthful offenders to get a drug crime, including one involving delivery dismissed and the record sealed. Types Of Michigan Drug Crimes. 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. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. He is a partner in the widely respected law firm of Hilf & Hilf, PLC . It is also used as a tool by prescribers and dispensers to assess patient risk and is also used to prevent drug abuse. Users wanted to experience the same effects of an illegal drug without being charged with a drug crime. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. In addition, overdose deaths accelerated during the COVID-19 pandemic. He doesn't rush you and answers your questions very thoroughly. The big difference is that 1P does not succumb to the same regulations as LSD . Common examples of analogue drugs include: Facing analogue drug charges? When a person fills out a job application, they can truthfully say they have never been convicted of a criminal charge. Our experienced team of Michigan analog drug possession attorneys is focused on protecting your legal rights, and keeping you out of jail. We are available to our clients 24/7, so do not delay in contacting our office. Scott and Tim Doman return calls quickly. 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. How I Approach a Possession of Analogues Case. The conditions of probation may include random drug testing and substance abuse counseling. Contact Austin Legal Services, PLC today to speak to a Michigan drug crimes lawyer at (517) 614-1983. Creation, Manufacturing, or Delivery (Possession with Intent to Deliver) punishable by up to 15 years in prison and $250,000 in fines. Individuals found in possession of these drugs will face penalties including fines and/or jail time if convicted. Possession does not require ownership. We serve the courts in the following localities and all of the municipalities within their jurisdiction, as well as the surrounding areas: Oakland County including Bloomfield Hills, Michigan Criminal Lawyers who will make Things Better, Possession of Controlled Substances and Possession of Analogues, Five stars hands down!! The Abdo Law Firm represented myself during one of my biggest times of need in my life. Our job in representing a person charged with a drug crime is a combination of making recommendations for appropriate substance abuse treatment program(s) and getting the best result in the court system. If you are accused of possessing a designer drug, contact our firm right away for aggressive criminal defense. 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. I limit my Practice (and therefore my experience is likewise limited) to Macomb, Oakland and Wayne Counties. The person applying for 7411 has never been convicted of any other drug crime. For Possession of Analog Drugs: This is a felony, and is punishable by up to two years in prison, a fine of up to $2,000, or both. For example, the police may utilize carefully crafted questions and highly suggestive tactics to get a party to give consent. Delivery or intent to manufacture a drug is a much more serious felony charge. Read the code on FindLaw Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Therefore, schedule I drugs have the highest potential for abuse and for severe psychological and/or physical dependence. 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. Call Abdo Law for Free Confidential Consultation to get your life back on track. We serve the following localities: Macomb County, Clinton Township, Mount Clemens, Warren. 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. They will turn over every stone to try to charge a person in possession of these drugs into distribution and manufacture charges which carry with it substantial prison time. I would tell anybody trying to get their License back they need to talk to you. We have dealt with undercover police officers and the drug enforcement teams. 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. Matt and his staffturned a terrible situation in my life into a positive life learning experience. Hesitation could result in prison time, fines, drivers license suspension, and a criminal record, so act fast to hire the best possible representation. Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation or contact us with a private message. Located in Troy, Michigan. Whatever the circumstances leading to an Analogue-related charge, it is important for the Lawyer to help the Client understand the need to remain drug-free to avoid any further complications in the existing case, and, of course, to avoid creating or picking up a new case of the same kind. Being charged with possession of Adderall is a non-violent crime and considered less serious than other drug charges in Michigan. In the state of Michigan, the possession of any controlled substance or illegal prescription drug is a felony offense. 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. Due to the potential for addiction, abuse, or dependence, designer drugs are taken seriously by law enforcement. A person is in constructive possession of something that is within his or her control. 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. 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. Call our law firm at 1-800-342-7896 now for a free consultation, or contact us online. No matter what drug crime charge you face, our experienced lawyers are available to help right away. He gave me reassurance that I had nothing to worry about. Jeff and his legal team represented me in a seemingly impossible situation. 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. GRAND RAPIDS, Mich. A woman's torso found in a Grand Rapids basement has led to felony charges against a man who lived at the home where Sunday's gruesome discovery was made. What analog means? Analogues appeal to those that can no longer get a legal prescription filled and/or have an addiction. Other drug crime, including one involving delivery dismissed and the Google Privacy Policy and Terms Service! Your life back on track to look into my situation and take his to. Jail time if convicted the other case with the lab analysis as well sentencing also... The contact form, text message, or voicemail, this is a serious matter with a drug is non-violent... Case with the lab analysis as well medical use and high potential for abuse and for severe and/or. Plc, call us at ( 248 ) 398-7100 for a free consultation contact. 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