Former Michigan Prosecutor | Jonathan Andrew Paul
  • Crimes
    • Domestic Violence
    • Retail Fraud
    • Drug Offenses
    • Assaultive
    • College/Tailgate Offenses >
      • Minor in Possession
      • Ann Arbor MIP
      • Ann Arbor Fake ID
      • Ann Arbor UIP
      • Ann Arbor Open Container
    • Resisting Arrest
    • Handling a Traffic Ticket
    • Careless/Reckless Driving
    • Probation Violation
    • Early Discharge Probation
    • Larceny
    • Malicious Destruction of Property
    • Embezzlement
    • Juvenile Charges
  • Drunk Driving
    • Evidence >
      • Chemical Tests >
        • Implied Consent Law
        • Independent Chemical Test
        • Single Car Accident | DUI Defense
        • Effects of Body Temperature
        • Cross-Examining the DataMaster
        • Blood Testing 101
        • Impact of Methyl Alcohol/Paraldehyde
        • Radio Frequency Issues w/DataMaster
      • Right to Counsel
      • Preliminary Breath Test (PBT)
      • Field Sobriety Tests
      • Police Traffic Stop >
        • Sleeping in Car Defense
        • Cross-Examination - The Not Driving Defense
      • Police Statements
    • DUI Consequences >
      • Ignition Interlock
      • Restitution
      • Vehicle Immobilization
      • Travel Restrictions
      • Child Custody
      • Employment/Education
      • Traveling to Canada?
      • Vehicle Forfeiture
      • Civil Liability
      • Commercial Driver's License
    • DUI Trial Guide >
      • Jury Selection
      • Opening Statement
      • Cross-Examination
      • Closing Argument
      • Jury vs Bench Trial
    • Setting Bond >
      • Alcohol/Drug Testing Part #1
      • Alcohol/Drug Testing Part #2
      • Posting Bond
    • DUI Offenses >
      • Operating While Intoxicated
      • Operating While Visibly Impaired
      • Super Drunk/High BAC
      • Operating Presence of Controlled Substance
      • Child Endangerment
      • Felony Drunk Driving
      • DUI Under 21 Years Old
      • DUI Causing Injury/Death
    • Sobriety Court
    • DUI Pardons
  • Hiring a Super Lawyer
  • Courts
    • Wayne County >
      • More Courts >
        • Allen Park
        • Dearborn Heights
        • Detroit
        • Ecorse
        • Hamtramck
        • Harper Woods
        • Highland
        • Lincoln Park
        • Redford
        • Southgate
        • Taylor
        • Woodhaven
        • Wyandotte
      • Plymouth
      • Northville
      • Canton
      • Romulus
      • Livonia
      • Dearborn
      • Grosse Pointe
      • Westland
    • Oakland County >
      • Novi
      • Troy
      • Southfield
      • Royal Oak | Berkley
      • Rochester Hills
      • Farmington Hills
      • Bloomfield Hills
      • Waterford
      • Clarkston
      • Oak Park
      • Pontiac
      • Ferndale/Madison Heights/Hazel Park Drunk Driving DUI Criminal Attorney | Oakland County
    • Washtenaw County >
      • Ann Arbor
      • Chelsea
      • Pittsfield Township
      • Saline
      • Ypsilanti 14A
      • Ypsilanti 14B
    • Macomb County >
      • Center Line
      • Clinton Township
      • Eastpointe
      • Fraser
      • New Baltimore
      • Romeo
      • Roseville
      • Shelby Township
      • Sterling Heights
      • St. Clair Shores
      • Warren
    • Jackson County
    • Lenawee County
    • Livingston County
    • Monroe County
    • East Lansing
  • Expungement
    • DUI Expungement
  • 5-Star DUI Defense
  • Legal Guides
    • FAQ
    • DUI Expungement
    • Arrested in Michigan? NOW WHAT!
    • Being Investigated?
    • 18 Key Questions for DUI's
    • Michigan License Restoration
  • Client Reviews
  • Growth Mindset
  • Inside the Prosecutor Mind
    • Drunk Driving >
      • OWI First Offense
      • OWI Second Offense
      • OWI Third Offense
      • Field Sobriety Tests
      • Chemical Tests
      • Implied Consent
      • Hardship License
      • Sobriety Court
    • Expungement
    • Assault/DV Charges >
      • Domestic Violence
      • Misdemeanor Assault
      • Felonious Assault
    • Theft Offenses >
      • Retail Fraud
      • Embezzlement
      • Larceny
    • College Offenses >
      • Open Container
      • Minor in Possession (MIP)
      • Urinating in Public
      • Fake ID
    • Drug Charges >
      • Felony Drug Possession
    • Driving - Traffic >
      • Reckless Careless Driving
      • Driving While License Suspended
      • Leaving Scene of Accident
    • Disorderly Conduct
    • Probation Violation
    • Resisting Arrest
    • Malicious Destruction of Property
    • Travel Requests
    • Bond Violations
  • Contact Me
  • Leading with Empathy
  • Blog

Don't Tell the Cops That You Have Drugs in Your Car 

5/14/2013

 
possession marijuana, cocaine, heroin, felony, michigan, lawyer, attorney
While it's always good to tell the truth, and I would never advise lying to anyone, especially a police officer in Michigan, you also don't need to volunteer information.   If questioned by a police officer in Michigan whether or not drugs belong to you, just keep your mouth shut and exercise your constitutional right to shut up and not incriminate yourself.  Worse yet, if a police officer asks whether or not there's any drugs in the car, unless the answer is no, simply ask for a lawyer, and say you're not making any statements.  

In Michigan, you're not going to get a break because of your honesty. By admitting to drugs in the car, you're giving the police a right to search your entire vehicle when they didn't have that same right only minutes ago.  If the police spot drugs around your body, you don't  need to take responsibility for them.  Many cases involve multiple people or distance between a person and the drugs; by admitting to ownership or possession, you've just given yourself a criminal record.   There are only two elements to most drugs crimes; the prosecutor needs to prove possession of the drug and that the substance is actually an illegal drug; unless you've purchased some bogus drug, it's most likely going to test positive for an illegal drug, and you have zero if any defense.  By keeping your mouth shut and not saying anything, the prosecutor needs to prove by circumstantial evidence that you're possessing the drugs; this is not an easy thing to do, because a lot of juries don't trust the police.  You take away that "don't trust the police" mentality by admitting to the crime.  

Every drug offense in Michigan is a felony other than possession of marijuana.  Possession or use of cocaine, heroin or another type of controlled substance is a serious felony.   The one saving grace in Michigan is if you're charged with certain drug offenses, and don't have a previous drug conviction, you may be eligible for 7411 under the Michigan Public Health Code, which allows for a deferral (keep conviction off record) for first time drug offenders.  Speak to an experienced Michigan criminal defense attorney about your options.

Here is a complete guide to Michigan drug offenses. 


Comments are closed.
    top criminal lawyer michigan, metro detroit, northville, plymouth attorney
    Jonathan Andrew PaulReviewsout of 164 reviews

    Call Me Today
    248-924-9458
    ​
    Email Me

    Picture
    Picture
    Picture
    Picture
    Picture
    Picture
    Picture
    Picture

    Search the Blog

    Blog Posts

    - The Michigan Retrograde Extrapolation Guide

    - Selecting an Ann Arbor Criminal Defense Lawyer

    - Selecting an Oakland County Criminal Defense Lawyer

    - Drunk Driving Consults

    - The One Question Your Michigan Criminal Defense Lawyer Should not be Able to Answer

    - Are the police allowed to follow me home from a bar?

    - Is it illegal to smoke weed and drive a car in Michigan? What's the legal limit for pot?

    - Michigan Police Confessions 101

    - Michigan 7411 Drug Crimes

    - FAQ: Shoplifting in Michigan

    - Michigan HYTA Eligibility

    - Can I be on probation while    away at college?

    - What is a Deferred Judgment of Guilt?

    - Michigan CDL Alcohol Penalties 

    - Ann Arbor Arrested for Fake ID, Urinating in Public, Minor in Possession, Open Container

    - Should I Admit to Drinking Alcohol?

    - Arrested for Minor in Possession in Ann Arbor?

    - Michigan DUI Probation Violation Hearings

    - How To: Claiming Self Defense at Trial 

    - Michigan Sex Offender FAQ

    - Should I use the Public Defender?

    - Washtenaw County Felony OWI Options

    - Handling a Michigan traffic ticket

    - How to beat a Careless Driving Charge

    - Hiring a Wayne County Criminal Defense Lawyer

    - Michigan DUI Concealed Weapon Permit

    - What's a Michigan Preliminary Examination?

    Neighbor Disputes

    - Can I Remove my GPS Tether?

    - Vehicle forfeitures 
     - Will I lose my license for a drug charge?

    - Michigan Driver's Responsibility Fees

    - Falsely Accused on Domestic Violence
    - 48th District Court Prosecutors 
    - Am I eligible for expungement with two convictions?
Representing clients in Ann Arbor, Canton, Brighton, Howell, Saline, Adrian, Taylor, Plymouth, Northville, Westland, Ypsilanti, Pittsfield Towsnhip, Warren, Sterling Heights, Farmington, Pontiac, Romulus, Lansing, Novi, South Lyon, Southfield, Birmingham, Bloomfield Hills, Royal Oak, Troy, Rochester, Jackson, East Lansing, Garden City, Livonia, Dearborn, Detroit, St Clair Shores, Hazel Park, Ferndale, Madison Heights, Waterford, Milford, Shelby Township Clarkston, Oak Park, Berkley, Fraser, Sterling Heights, Clinton Township and others throughout Washtenaw, Wayne, Monroe, Jackson,  Macomb, Ingham, Lenawee, Livingston, Oakland County & Northern Michigan 

Representing clients faced with DUI/drunk driving, retail fraud, possession of marijuana, domestic violence, reckless driving, leaving the scene of an accident, fake ID, open container  and other misdemeanor and felony charges. 

Evening & Weekend Service Available Call Me: 248-924-9458

Picture

Ann Arbor Office Location

Plymouth Office Location

Michigan Defense Attorney Jonathan Paul - Former New York & Michigan Prosecutor