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!
Marijuana Related Offenses
Michigan Recreational Marijuana Law
The Michigan Regulation and Taxation of Marijuana (Marihuana) Act (MRTMA) became effective on December 6, 2018. This Marijuana law permits those who are 21 or older to possess marijuana within the following parameters:
- You can now legally possess up to 2.5 ounces of marijuana on your person.
- At home, you can have up to 10 ounces of marijuana, provided any marihuana that exceeds 2.5 ounces is properly stored in an area secured by lock. Further, while at home, you are permitted to cultivate up to 12 marijuana plants for personal use.
- You can possess up to 15 grams of marijuana concentrate such as hash oils, wax, and tinctures.
- The law also allows you to legally give someone up to 2.5 ounces of marijuana, provided they are at least 21 years old, there is no money exchanged, and you are not advertising to the public.
Restriction on Possession and Use of Marijuana
The law prohibits possession and use of marijuana by anyone under the age of 21. Moreover, it also enacts the following restrictions:
- You cannot possess or consume marijuana or possess or use marijuana accessories on the grounds of any public or private K-12 school. This prohibition also applies to school buses.
- You cannot use marijuana in a public place or any place where the owner of the property has prohibited the use of marijuana.
- You cannot use marijuana while operating a motor vehicle or operate a motor vehicle while under the influence of marijuana.
It is important to note that Marijuana remains a Schedule 1 drug under federal law, and therefore, possessing or using marihuana remains a federal crime.
Penalties imposed by the MRTMA
While the Michigan Regulation and Taxation of Marijuana Act largely decriminalizes the possession and use of marihuana in Michigan, you still may be subject to criminal charges! The criminal penalty can be by way of a civil infraction citation, a misdemeanor, or a felony. The penalty depends on the relationship between the amount of marijuana and age of the offender.
The following are civil infraction penalties for individuals under the age of 18:
- Possession of less than 2.5 ounces and/or not more than 12 cultivated plants, punishable in a $100 fine or community service and 4 hours of drug counseling.
The following are civil infraction penalties for individuals between the ages of 18-20:
- Possession of less than 2.5 ounces and/or not more than 12 cultivated plants, punishable in a $100 fine.
The following are civil infraction penalties for individuals over the age of 21:
- Consuming marihuana in a public place or where prohibited by someone who manages private property, punishable in a $100 fine.
- Possession of more than 2.5 ounces unlocked within the residence, punishable in a $100 fine.
- Possessing more than 2.5 ounces but not more than 5 ounces, punishable in a $500 fine.
- Possessing 10-20 ounces of marihuana within the residence and/or possessing 13-24 cultivated plants, punishable in a $500 fine.
The following are misdemeanor penalties under the MRTMA:
- Possessing more than 5 ounces of marijuana. This offense is not punishable by jail unless habitual, willful, or involved violence
- Driving while under the influence of marijuana, punishable to a sentence up to 93 days in jail
- Consuming marijuana while operating any vehicle within the passenger area of the vehicle
- The transfer of marijuana to a person under the age of 21, punishable up to 4 years in prison
- Cultivating over 25 plants, punishable up to 7 years in prison.
- Delivering or manufacturing less than 5 kilograms, punishable up to 4 years in prison
You don’t need to face your Marijuana related criminal charges alone. With an in-house former prosecutor and experienced criminal defense attorneys, Sharp & Associates Law Firm knows how to defend your rights and protect your freedoms. Call us today for your free consultation so we can begin building your defense strategy.
CRACK COCAINE POSSESSION
Crack Cocaine Possession Defense Attorneys
Contact us today to start developing a strategy to beat your crack cocaine charge!
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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