
FAQ
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Drug Crimes
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Do First-Time Drug Offenders Go to Jail in Michigan?In Michigan, first-time drug offenders can still go to jail, depending on the quantity of possession, drug classification, and overall severity of the charges. However, first-time drug possession charges can be sealed and dismissed from your record as long as they successfully complete the mandatory probation period under Michigan Legislation section 333.7411.
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What Is the Penalty for Drug Possession in Michigan?The penalties for drug possession in Michigan vary largely based on the classification of drugs, the amount of drugs in possession, if it is your first offense or you are a repeat offender, and whether or not you committed other crimes while in possession of the drugs.
A possession conviction of a large amount of a Schedule I substance like heroin or cocaine can lead to likely jail time in addition to fines, whereas convictions for lesser classified drugs in a small quantity can still lead to fines and a driver’s license suspension, but may be able to avoid jail time. -
How Much Does a Criminal Defense Lawyer Cost in Michigan?There are several elements that factor into the total cost of a criminal defense lawyer in Michigan, including the overall severity of the case, the experience and reputation of the attorney, whether or not the case proceeds to trial, and the geographic location of the attorney. For example, a more experienced attorney in Detroit for a felony case is going to cost more than a misdemeanor case handled by a less experienced attorney.
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How Long Is Drug Court in Michigan?In the state of Michigan, the Drug Court program consists of three separate phases: the stabilization phase, an intensive treatment phase, and a transition phase. The program can be completed in as quickly as 18 months but can vary depending on the progress of the individual participating in the program.
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Criminal Defense Lawyer
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Can You Replace Your Existing Detroit Criminal Defense Attorney?If you find that your attorney isn’t keeping you updated on the specifics of your case, you might lose trust in them to defend your interests properly. You are allowed to replace your existing criminal defense attorney in Detroit, but you need to resolve any unpaid fees between your current attorney before finding a new one. Once you find another attorney, you can send the old attorney a written notice ending the working relationship.
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Should You Retain a Criminal Defense Lawyer in Detroit Even if You Know You Are Innocent?Even if you know your innocence, you still have to prove this fact to a jury. An attorney can help you convince others of your innocence. They can explain the specifics of your charges and rights and can orchestrate a thorough investigation of your unique situation. They can also assist in gathering evidence and instruct you on how to answer questions in the courtroom.
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What Crimes Have No Statute of Limitations in Michigan?If a crime has no statute of limitations, it means that it can still be tried decades after the event happened. In Detroit, this typically applies to serious felonies like rape, terrorism, and murder. Other felonies like sex crimes, kidnapping, and extortion have a ten-year statute of limitations. Most other crimes have a six-year statute of limitations, including arson and burglary.
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How Long Do Prosecutors Have to File Charges in Michigan?The length of time prosecutors have to file charges largely depends on the crime they are accusing the defendant of committing. Different crimes have different time limits for prosecution, otherwise known as a statute of limitations. In Detroit, most criminal acts, like minor felonies and misdemeanors, have a six-year statute of limitations, while more serious acts might extend to ten years or not have a statute of limitations at all.
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Drug Trafficking
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What Is the Federal Law for Drug Trafficking?Most federal drug trafficking laws are governed by the Controlled Substances Act. This was codified under Title 21 of the United States Code. All drugs are categorized into different schedules. This is based on how addictive the drugs are and what impact they can have at the individual and community level. Federal law makes it illegal to possess, manufacture, and distribute these drugs.
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What Factors Can Affect the Outcome of a Federal Drug Trafficking Case?
There are many different factors that can influence the final outcome of a federal drug trafficking case. These factors could include the type and quantity of drug involved. If the individual has a previous criminal history, this will also be taken into consideration when evaluating the merits of the case.
If there were any aggravating circumstances involved, like having a firearm on hand or selling drugs to minors, this could significantly increase the severity of the charge.
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Can Federal Drug Trafficking Charges Be Reduced or Dismissed?Yes, drug trafficking charges can be reduced or dismissed depending on the details of the case and the quality of your defense strategy. If you and your attorney collect enough evidence to argue that the charges are unfit beyond a reasonable doubt, this can be enough to either receive a lighter penalty or have the charges dismissed entirely. The most effective way to potentially reduce or dismiss the charges is to hire a defense lawyer who can investigate your case.
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What Is the Role of Intent in Federal Drug Trafficking Charges?One of the most critical elements of a federal drug trafficking case is the concept of intent. The prosecution must prove the defendant not only knew they were in possession of the drugs but that they had the intention to either distribute or sell them to other people. If your attorney can help prove you did not have intent to engage in this behavior, it can be a powerful strategy to combat the prosecution’s narrative.
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