3 Possible Defenses against Drug Possession Charges in Michigan

On Behalf of | Apr 4, 2016 | Criminal Defense |

drug using teens at house party.

If you are facing drug possession charges in Michigan, it is critical that you take steps to protect your interests. Depending on the amount of drugs in your possession, your criminal record and other factors surrounding your arrest, a conviction may come with expensive fines, jail time and the loss of other freedoms. Your first call should be to a criminal lawyer. As a Grand Rapids criminal law attorney, Brian E. Gordon can evaluate your arrest, structure your defense and fight for a positive outcome to your case. Call Gordon & Hess, PLC at 616-369-7452 to schedule a free consultation. Until then, read on to learn three possible defenses against drug possession charges in Michigan:

  1. Unlawful Search

In order for evidence against you to be admissible in court, it must have been obtained through legal means. The U.S. Constitution protects citizens from unlawful searches, and if an officer discovered controlled substances in your possession by conducting an unlawful search, then the evidence may be inadmissible. For example, if drugs were in the trunk of your vehicle and you did not give police permission to search it, they did not have a warrant, and there was no indication that you were committing a crime, then the police cannot search your trunk. However, if an officer clearly sees drugs in your vehicle, then he or she can seize them, and the prosecuting authority can use them as evidence against you in court.

  1. Drugs belonged to Someone Else

If you can prove that the drugs belonged to another person, then this defense may work in your favor. The prosecuting authority must demonstrate that the drugs belonged to you in order to secure a conviction.

  1. Lab Tests Showed That the Substances Were Not Illegal

Several items look like controlled substances but are actually legal. This defense will work if lab tests demonstrate that the substance in your possession was not drugs. What Are Schedule One and Schedule Two Substances? Michigan categorizes drugs according to different “schedules.” The worst drugs fall into schedule one. Factors that determine a drug’s schedule classification include:

  • Its potential for abuse;
  • Patterns of abuse;
  • Its pharmacological effects;
  • And its threat to public health.

Schedule one substances include mescaline, codeine, ecstasy, peyote, marijuana, psilocin and others. Schedule two substances include cocaine, amphetamines, methadone and opium. If Michigan police have arrested you for possession of a schedule one or schedule two substance, you should exercise your right to remain silent until you consult a criminal lawyer. Your defense attorney can represent your interests and help you avoid mistakes such as unknowingly admitting guilt. A Grand Rapids criminal law attorney from Gordon & Hess, PLC can help you navigate the legal system. Our lawyers offer more than three decades of combined experience, and we will give your case the individual attention that it deserves. Schedule a consultation today by calling 616-369-7452.