If you have been arrested and charged with drug possession, you face serious potential consequences. Possession of even a small amount of marijuana, or of a prescription drug without a prescription, can result in significant fines, community service, or potential jail time. Drug possession charges other than marijuana generally are charged as felonies, and a conviction can leave a lasting impact on your criminal record.
Depending upon the quantity of controlled substance at issue, criminal penalties and fines can increase significantly. Where very large quantities of drugs are present, an intent to deliver or sell the drugs may be inferred, leading to more severe criminal penalties. More dangerous and addictive drugs such as cocaine, heroin, or methamphetamine can carry more severe penalties, as do second and third offenses.
To convict you of drug possession, the prosecution must show that you knowingly possessed a controlled substance, knew that it was a controlled substance, and that there was enough of the drug to be used as a controlled substance or at least visible to the naked eye. If you do not know that you possess the drug, for example where another person leaves a joint in your car, there can be no conviction for drug possession. If only trace amounts of a controlled substance are present not visible to the naked eye, there likewise can be no conviction for drug possession. Knowledge that a specific drug is a controlled substance is often inferred for commonly known drugs.
Drug possession cases often involve scrutiny of police conduct. The Fourth Amendment guarantees your right to be free of unreasonable searches and seizures by the police. This complex area of the law means that police generally cannot stop you or search you without probable cause to believe that you are in possession of a controlled substance or otherwise violating the law. If a search warrant was involved, it must have been properly issued based upon probable cause. Failure by the police to follow required procedures may lead to exclusion of the seized evidence.
If you have been charged with drug possession, an experienced Michigan drug possession defense attorney can help. At Grabel & Associates, we have over 100 years of combined experience successfully defending individuals on a wide range of drug charges including marijuana, cocaine, heroin, methamphetamine , and all prescription drugs. We will aggressively represent you and advise you of all of your options.
Call us today at (800) 342-7896 for a confidential consultation.