Accomplished Michigan Lawyers Defend Clients Facing Drug Charges
Metamora attorneys assist people facing substance-related allegations
Located in Metamora, the firm of Kohl, Harris, Nolan & McCarthy, P.C. has attorneys with more than 90 years of combined experience defending the rights of clients accused of drug crimes and other criminal offenses. Whether you’ve been charged with possession, intent to deliver or a federal charge such as drug trafficking, you can rely on our Michigan-based firm for knowledgeable advice and determined advocacy.
What are the penalties for drug possession, delivery, manufacturing and trafficking crimes?
Our firm assists Michigan residents accused of all types of drug-related crimes, including:
- Possession — Though marijuana was legalized for personal use in Michigan, penalties for possession of other Schedule I and II drugs are quite strict. Even holding an amount consistent with personal use could trigger a prison term of up to four years and a fine as high as $25,000. Punishment for methamphetamine and Ecstasy are particularly tough.
- Distribution — Depending on the amount of a controlled substance that is seized, an individual might face a possession with intent to deliver charge. These counts could lead to a sentence of 10 years or more. When the facts don’t support this serious allegation, we work to negotiate a reduced charge.
- Manufacturing — Growing or manufacturing a controlled substance or pharmaceutical for the purpose of distribution without proper authorization is a felony. The specific punishment depends on the substance and amount at issue.
- Trafficking — Though possession and other lower-level offenses are federal crimes, U.S. Attorneys usually only take on more serious cases involving drug trafficking, where large amounts of controlled substances or illegally distributed medications cross state lines. We are seasoned federal criminal defense litigators who are familiar with this very different justice system.
Don’t be intimidated by the tactics of police and prosecutors. Our drug crime defense lawyers can develop a sound strategy for you no matter what the charges entail.
The Fourth Amendment and unlawful searches and seizures
Most drug crime prosecutions hinge on the substances that were seized by police. However, if law enforcement did not follow proper procedure when collecting that evidence, it might be excluded from use at trail. The Fourth Amendment to the U.S. Constitution and other provisions of federal and state law prevent warrantless searches and seizures that don’t fall within a specific exception. Perhaps the police did not receive authentic consent to search or drugs that were seized were not actually in plain view. If the search was flawed, we will press to have the improperly gathered evidence thrown out.
Drug classifications and penalties
Penalties for drug crimes are based partly on the danger associated with a particular controlled substance. Drugs are classified into the following five levels, known as “schedules”:
- Schedule I — The most serious category includes LSD, Ecstasy and opiates with no medical use, such as heroin and Fentanyl.
- Schedule II — Convictions involving Schedule II drugs such as cocaine, methamphetamine and oxycodone carry severe sentences.
- Schedule III — Anabolic steroids and other compounds qualify as Schedule III controlled substances when not properly prescribed.
- Schedule IV — Pharmaceuticals such as Xanax, Valium and Klonopin fall under Schedule IV unless possessed under legal authorization from a doctor.
- Schedule V — Certain types of cough syrup and other over-the-counter medications that include codeine are part of the lowest classification level.
Regardless of the particular substance involved, our criminal defense lawyers are dedicated to pursuing the best possible result for each client. When warranted, we seek to negotiate sentence reductions that focus on substance abuse treatment rather than punitive incarceration.
Contact a Michigan drug crime defense lawyer to set up a free consultation
Kohl, Harris, Nolan & McCarthy, P.C. advocates on behalf of Michigan clients who have been accused of state and federal drug crimes. For a free initial consultation, please call 810-212-5005 or contact us online. Our office is located in Metamora.