Earlier this month, Oakland County Sheriff’s deputies made an arrest that they claim interrupted a major heroin distribution ring across the state. According to one local news source, police executed a search warrant at the man’s residence and recovered 939 grams of heroin, 10 grams of marijuana, and 15 grams of cocaine, as well as two loaded hand guns and drug-packaging material. The value of the seized narcotics is estimated to be between $300,000 and $400,000.
After his arrest, the man was charged with delivery/manufacture of a controlled substance in an amount of between 450 and 999 grams. The offense could carry a prison term of up to 30 years in prison. He was also charged with one felony firearms offense, which could carry an additional two years in prison.
Pending the man’s trial, he is being held on $150,000 cash bail, with no 10% bond available. That means that, in order for the man to be released before the conclusion of the case, he will need to post the entire $150,000. Prior to this arrest, the man has no criminal record.
Possessing any controlled substance may be enough to charge someone with simple possession, but charging someone with manufacture or delivery requires more evidence. Authorities in the case above made the inference that because the man possessed such a large quantity he was likely going to sell the drugs. In some cases, the quantity of the drugs may be sufficient to make that inference, but that will not always be the case.
One argument that is commonly made in a defense against these serious charges is that the possessed narcotics were for personal use only. If an attorney is able to get the manufacture/delivery charge dismissed, the remaining simple possession charge is much less serious. Of course, the presence of “drug selling paraphernalia,” such as scales, baggies, rubber bands, and so forth, can make that argument more difficult to make. With that said, the presence of “drug user paraphernalia,” such as pipes, needles, or straight-shooters, may work in favor of the argument.
Another way to fight a Michigan drug case is to challenge the seizure of the evidence. Under the United States and Michigan Constitutions, police must follow certain rules when seizing evidence and investigating potential crimes. If police fail to follow these rules and violate a person’s rights in the process of investigating a crime, anything that the police find out as a result may not be admissible at trial. If you are facing felony drug charges, contact an experienced Michigan criminal defense attorney as soon as possible.
If you have recently been arrested and charged with a drug crime in the State of Michigan, you may face significant penalties if you are found guilty. In some cases, courts have imposed effective life sentences on defendants they have found guilty of serious drug charges. To ensure that you are treated fairly by the system, and to make sure that the police and prosecutors are held accountable for their actions, contact Attorney Steven Schwartz to discuss your case today. Attorney Schwartz has decades of experience fighting on behalf of Michiganders charged with serious criminal offenses, including felony drug offenses. Call (248) 266-8720 to set up a free consultation today.