Kalamazoo Drug Crimes Attorneys
Drug Offenses & Possession Lawyers – Kalamazoo, MI
Don’t just accept your fate and consequences. Let Our Experienced Legal Team Find YOUR Defense.
We serve all of west Michigan; Kalamazoo County, Kent County, Calhoun County, Berrien County, Van Buren County, Cass County, St. Joseph County, Ottawa County, Branch County, and Barry County
At Sharp & Associates Law Firm, we defend individuals against a range of drug crimes, including drug possession and drug distribution. Our clients are not hardened criminals. Some are college students and young adults who have made mistakes. Others are suffering from drug addiction and sold illegal narcotics only to support their own habit. Regardless of the circumstances you face, we understand that this charge is frightening for both you and your family. Our attorneys are here to help you through this difficult time and find the best possible results for your specific case.
Resolving Your Criminal Drug Charges
We routinely defend against a range of drug crimes involving a variety of drugs, such as:
- Ecstasy (MDMA)
- Prescription Drugs
Options In Michigan Drug Courts
Lawmakers have created strict sentencing guidelines for many drug crimes in the hopes it would deter drug use. Unfortunately, their methods have not accomplished this goal. Drug use and chemical dependency continue to be a problem for many individuals throughout Michigan. Fortunately, there is a better solution to crimes related to drug addiction.
Drug court is an alternative sentencing arrangement for those who face drug crimes due to addiction. In this option you must complete a court-mandated program which may include treatment, counseling and probation. Not everyone will qualify for this program. The government sees it as a privilege and not a right. But for those who are accepted and successfully complete the program, a brighter future is well within reach. Our lawyers can help you understand this option and how to best position yourself for acceptance.
Contact Our Law Firm For A Free Consultation
For dedicated representation from a skilled drug crime lawyer, contact our law firm today. We have helped numerous individuals from Portage, Kalamazoo and throughout Southwest Michigan, and we can help you too.
CRYSTAL METH POSSESSION
Crystal Meth Possession Defense Attorneys
If you’re facing a charge of crystal meth possession or possession with intent to deliver, you know that Michigan law takes the crimes of possession of a controlled substance and possession with intent to deliver very seriously. A Kalamazoo drug crime attorney can help you. If you’re caught with even the most minimal amounts of meth, even just a residue, you face felony charges and a possible conviction that can have lasting consequences. You need a skilled crystal meth defense attorney to help you fight for your rights and your freedom.
How can You Beat Your Crystal Meth Possession Charge?
There are many factors that could affect your chances of obtaining a dismissal of your charges or a reduction of your sentence depending upon the circumstances of the offense.
A crystal meth defense lawyer can help you examine your case for the following:
- Did the arresting officer have probable cause?
- Is this your first offense?
- Was there an illegal stop and search or was an invalid warrant used?
- Were you charged with actual possession or constructive possession of the drug?
Contact us today to if you are facing charges of Possession of Crystal Meth in Michigan!
CRACK COCAINE POSSESSION
Crack Cocaine Possession Defense Attorneys
Contact us today to start developing a strategy to beat your crack cocaine charge!
MARIJUANA POSSESSION DEFENSE
Michigan law makes it a misdemeanor to possess marijuana in any quantity. The state statute prescribes a punishment of up to one year in jail and a fine of up to $2,000. However, several local governments in Michigan have adopted ordinances “decriminalizing” marijuana. Exactly how those ordinances treat possession of marijuana varies.
Marijuana Possession in Kalamazoo
Kalamazoo is one of the Michigan cities that has enacted an ordinance regarding possession of marijuana. While possession of marijuana remains a misdemeanor under the ordinance—meaning that marijuana possession hasn’t actually been decriminalized—the possible penalty has simply been reduced to up to 93 days in jail and a fine of up to $100.
However, Kalamazoo residents, including Western Michigan University students, can’t be confident that they’ll face the lower penalties if arrested for possession of marijuana. That’s because some police agencies within the area charge possession under the state statute rather than the city ordinance, opening the defendant up to the more serious penalties set forth in the state statute.
Understanding Your Kalamazoo Possession of Marijuana Charges
If you’ve been charged with possession of marijuana in Michigan, even if the arrest occurred within the city of Kalamazoo, you may be unsure of what to expect. Attorney’s Tara Sharp and Alicia Storm can help. Schedule your free consultation right now to learn more about the penalties you may be facing and your possible defenses. Just call 269-978-6560.
Driver’s License Suspension for Possession of Marijuana
Possession of marijuana in Michigan carries a mandatory 180-day driver’s license suspension. The prosecutor has no discretion to waive this license suspension and the judge has not authority to refuse to impose the suspension. The judge may grant a restricted license after 30 days, but there is no leeway—driving privileges must be completely suspended for at least 30 days.
The driver’s license suspension is a key reason that many people charged with possession of marijuana, particularly under a local ordinance which carries lesser penalties, choose to fight the charge in court.
If you’ve been charged with possession of marijuana and you can’t afford to lose your license, schedule a free consultation to talk about your options. Dial 269-978-6560 right now.
Defenses to Marijuana Possession Charges
The best defense to your marijuana possession charges will vary depending upon the facts of your case. In many cases, the best defense is to challenge the sequence of events that led up to the discovery of the marijuana.
Search and Seizure Issues in Marijuana Possession Cases
If marijuana is discovered in a vehicle after a traffic stop, there may have been inadequate cause for the stop itself. If the discovery stemmed from an illegal stop, then the evidence obtained as a result of the stop will likely be inadmissible.
Similarly, if the officer did not have either probable cause or permission to search the vehicle (or other location where the marijuana was found), then the evidence discovered as a result of that search may be inadmissible.
During your free consultation, we’ll assess the circumstances surrounding the discovery of the substance in question and whether we may be able to suppress the evidence against you.
In Michigan, a defendant can be convicted of possession of marijuana based on “constructive possession”. Constructive possession means that you are deemed to have possession even if the drugs aren’t in your actual physical possession at the time of arrest. A common example would be marijuana found in your apartment if you live alone and no one else has regular access to the premises.
Conditional Discharge for Possession of Marijuana
Michigan law provides for deferred sentencing on a first offense possession of marijuana charge. If the defendant qualifies for deferred sentencing, the court may accept a guilty plea but not enter judgment of conviction. Instead, the court may impose terms of probation, including drug treatment. If the defendant successfully completes the term of probation, the case will be dismissed without entry of a conviction. This not only protects the defendant from a criminal record, but also avoids the mandatory driver’s license suspension that would be entered upon conviction.
POSSESSION OF PRESCRIPTION DRUGS IN MICHIGAN
Possession of prescription drugs that were not obtained directly from a medical practitioner in the course of his or her practice or pursuant to a valid prescription is a crime in Michigan. Though many people believe that possession of “legal drugs” is less serious than possession of street drugs, that is not necessarily the case.
The classification of the crime of drug possession and the penalties associated with that crime depend upon the controlled substance schedules, the components of the drug and the quantity possessed. A conviction for unlawful possession of prescription drugs may also have indirect consequences, such as limitations on international travel, restriction of access to certain loans and grants and decreased employment opportunities.
Fortunately, being charged with possession of prescription drugs doesn’t necessarily mean being convicted of possession of prescription drugs. Attorney Tara L. Sharp has the experience to assess your case, identify your best defense and advocate for you.
Conditional Discharge for Possession of Prescription Drugs
Some first offenders will qualify for a conditional discharge of drug possession charges. In a conditional discharge agreement, the defendant enters a guilty plea, but the court does not enter a judgment of conviction. Instead, the defendant is place on probation, with special terms such as working a drug treatment program.
If the defendant successfully fulfills all conditions of probation, the case is dismissed without entry of a conviction. This allows the defendant to avoid a criminal record and all of the indirect consequences of conviction.
It’s important to note, though, that a guilty plea is entered before the term of probation begins. If the defendant fails to adhere to the terms of probation, the court may enter a judgment of conviction on the basis of the guilty plea, without further proceedings. So, choosing to accept a conditional discharge means waiving the right to pursue other defenses.
When you retain Sharp & Associates Law Firm to represent you, we’ll assess the strength or weakness of the case against you, explain other possible defenses and help you determine the best course of action for your future.
Defenses to Possession of Prescription Drugs
Challenging the Evidence of Possession
There are two broad categories of challenges to evidence of possession of prescription drugs or other controlled substances:
- Attacking the evidence as insufficient to establish possession beyond a reasonable doubt—for example, where drugs were found in space shared with several roommates and there is no direct evidence tying them specifically to the defendant.
- Attacking the process by which the evidence was obtained—for example, asserting that the officer who discovered the drugs lacked probable cause for the search.
When the state’s case appears to be weak on either of these issues, you’ll have options. You and your attorney may choose to take the case to trial, or your lawyer may use the weaknesses in the case against you to negotiate for a favorable resolution such as a conditional discharge.
Exceptions to Prescription Drug Possession Statutes
Michigan law explicitly excepts certain people in possession of controlled substances from prosecution. These exceptions are intended to ensure that young people faced with life-threatening situations are not discouraged from seeking medical attention for themselves or others.
A person under the age of 21 who:
- Seeks medical assistance for himself or a third party
- Because of a drug overdose or other “perceived medical emergency” resulting from the use of a prescription drug
- Possessing only a quantity consistent with personal use
is deemed not to be in violation of the statute if the evidence of such violation was obtained as a result of the individual seeking or being presented for medical assistance.
Don’t Face Prescription Drug Possession Charges Alone
Unauthorized possession of prescription drugs can carry serious penalties and have consequences for the rest of your life. If you’ve been charged with prescription drug possession, get help right now, before you make any further decisions or your case progresses any further.
Talk to a Drug Defense Lawyer
Don’t risk making a critical mistake or missing an important deadline. If you’ve been charged with a crime, get help right now, before you make any decisions. Just call 269-978-6560. The initial consultation is free.
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