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Michigan Drug Crimes

If you've been charged with a Michigan drug crime  this doesn't make you a criminal or a bad person.  I see clients on a daily basis who have have never been been arrested or in trouble with the law, and they get arrested for a Michigan drug crime. It's quite common that a good person will get themselves in a bad situation, which results in being charged with possession or use of cocaine, marijuana, heroin or another controlled substance.  

Click here to learn more about my unique and secret proactive approach to handling marijuana cases in Michigan. 

When you first call me, I will want to know about your past, and if you have a criminal record.  From there, I will want to know where this happened and who was involved.  We will begin the fact gathering process together, and start to put together our comprehensive game plan.  From there, we will order all of the police reports and evidence in your case.  We may be able to track down video and audio, and if necessary will get a private investigator involved to build your various defenses.  As a former prosecutor, I will begin working with the prosecuting attorney to explore all of your options.  This will be a two part defense; one we will work to defeat your case either by a dismissal or a not guilty verdict at trial; two I will work on getting you the best possible plea deal on the table as a backup plan.  You will have options, and together as a team, we will decide your best path for your case.  I look forward to working with you.  

There are a number of Michigan controlled substance crimes.  There are levels of controlled substances: Schedule 1 through Schedule 5.  Here is a breakdown of the different offenses, and what the prosecution must prove beyond a reasonable doubt.  If you do not 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.  Here are the most common drug offenses for first offenders:

- Unlawful Manufacture of a Controlled Substance
- Prosecution must prove:
 - First, that the defendant manufactured a controlled substance.
-  Second, that the substance manufactured was __________
-  Third, that the defendant knew [he / she] was manufacturing __________.
-  Fourth, that the substance was in a mixture that weighed ___________.
- Fifth, that the defendant was not legally authorized to manufacture this substance.
- Sixth, that the defendant was not preparing/compounding this substance for (his / her) own use

Unlawful Delivery of a Controlled Substance
- Prosecution must prove:
-  First, that the defendant delivered a controlled substance.
- Second, that the substance delivered was __________.
- Third, that the defendant knew [he / she] was delivering  __________.
- Fourth, that the substance was in a mixture that weighed (state weight).
- Fifth, that the defendant was not legally authorized to deliver this substance.
- "Delivery" means that the defendant transferred or attempted to transfer the substance to another person, knowing that it was [state substance] and intending to transfer it to that person.

Unlawful Possession of a Controlled Substance with Intent to Deliver
- Prosecution must prove:
- First, that the defendant knowingly possessed a controlled substance.
- Second, that the defendant intended to deliver this substance to someone else.
- Third, that the substance possessed was __________ and the defendant knew it was.
- Fourth, that the substance was in a mixture that weighed (state weight).
- Fifth, that the defendant was not legally authorized to possess this substance.

Unlawful Possession of a Controlled Substance
- Prosecution must prove:
- First, that the defendant possessed a controlled substance.
- Second, that the substance possessed was __________.
- Third, that the defendant knew that [he / she] was possessing [list substance].
- Fourth, that the substance was in a mixture that weighed (state weight).
- Fifth, that the substance was not obtained by a valid prescription given to the defendant.
- Sixth, that the defendant was not otherwise authorized to possess this substance.

 Unlawful Use of a Controlled Substance
- Prosecution must prove:
- First, that the defendant used a controlled substance.
- Second, that the substance used was __________.
- Third, that at the time [he / she] used it, the defendant knew the substance was __________.
- Fourth, that the substance was not obtained by a valid prescription given to the defendant.
- Fifth, that the defendant was not otherwise authorized by law to use this substance.

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