There are many consequences to being convicted of a drug charge that many people do not consider when they plead guilty including, but not limited to: property forfeiture, being sentenced to twice as much time as sentencing guidelines allow in the cause of repeat offenders, loss of American Opportunity Tax Credit, possible loss of occupancy in government sponsored housing, driver’s license suspension, possible deportation, and loss of potential job opportunities. It is in anyone’s best interest to retain a qualified attorney who has experience dealing with controlled substance offenses. Jacob A. Perrone has represented clients for charges including, but not limited to: Cocaine Possession, Heroin Possession, Delivery of Cocaine, Delivery of Methamphetamine, Maintaining a Meth Lab, Possession of Prescription Drugs without a Prescription, Marijuana Possession, Possession with Intent to Deliver Marijuana, Maintaining a Drug House, and Possession of Drug Paraphernalia. There are many issues that need to be addressed when someone is arrested for a drug offense such as whether the traffic stop or search of a vehicle leading to the arrest was lawful, whether a search warrant had sufficient Probable Cause, and in the case of a delivery charge whether the facts and circumstances establish the person charged intended to deliver the controlled substance. Further, in medical marijuana cases there is an affirmative defense to marijuana charges discussed in more detail below that may exempt you from prosecution. If you retain an attorney when you are charged with a drug crime and you will dramatically increase your chances of avoiding the pitfalls of a drug conviction. Perrone Law, P.C. will conduct an investigation to prepare an effective criminal defense that involves interviewing witnesses and subpoenaing documents. Further, he will request in-car videos, 911 tapes, any audio video surveillance, and police dispatch tapes from the police department to prepare for trial. If a trial is impractical based on the investigation Mr. Perrone will fight for you to get the best possible plea offer from the prosecutor and a sentence that takes into account your personal situation.Michigan 7411 Deferral and Dismissal
Michigan allows for a court to defer a first offense drug possession case and allows an individual probation. If the individual successfully completes probation the charge will be dismissed. The benefits of using this program are the record will not be accessible to the public, does not count as a conviction, will not lead to any driver’s license sanctions, and will not subject you to the consequences associated with a drug possession conviction unless you are subject to deportation. There are many ways that you can negotiate a plea deal with prosecutor and the judge and it takes a qualified criminal defense attorney to negotiate the best possible resolution.Michigan Affirmative Defense and Dismissal for Medical Marihuana.
- Except as provided in section 7, a patient and a patient's primary caregiver, if any, may assert the medical purpose for using marihuana as a defense to any prosecution involving marihuana, and this defense shall be presumed valid where the evidence shows that:
- A physician has stated that, in the physician's professional opinion, after having completed a full assessment of the patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship, the patient is likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition;
- The patient and the patient's primary caregiver, if any, were collectively in possession of a quantity of marihuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marihuana for the purpose of treating or alleviating the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition; and
- The patient and the patient's primary caregiver, if any, were engaged in the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of marihuana or paraphernalia relating to the use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition.
- A person may assert the medical purpose for using marihuana in a motion to dismiss, and the charges shall be dismissed following an evidentiary hearing where the person shows the elements listed in subsection (a).
- If a patient or a patient's primary caregiver demonstrates the patient's medical purpose for using marihuana pursuant to this section, the patient and the patient's primary caregiver shall not be subject to the following for the patient's medical use of marihuana:
- disciplinary action by a business or occupational or professional licensing board or bureau; or
- forfeiture of any interest in or right to property.