Drug Charges

marijuana possessionAs with any criminal charge in the State of Michigan, in order to convict you of any drug charge, the prosecution must prove your guilt beyond a reasonable doubt

Of all the various types of crimes our Michigan criminal defense lawyers handle, those associated with drug possession, manufacturing, and distribution are perhaps the most common. Drug charges in Michigan can range from simple use or possession, to narcotics delivery (possession with intent to deliver), to high level trafficking. 

The nature of the punishment is determined by the narcotic in the case as well as the defendant’s presumed intent.  Because of the high number of different types of drugs that exist, there are literally dozens of variations on drug charges.  In Michigan there are charges specifically associated with marijuana, cocaine (both powder and crack), ecstasy, heroin, GBL (date rape drug) and methamphetamine.  In other cases, the drug will simply be determined to be in a “schedule.”  The varying schedules are determined by the seriousness of the drug in question, and consequently also determine the severity of being found guilty.

Depending on the nature of the charge, certain delivery charges can result in life in prison and therefore would requiring the legal advice and representation of a skilled drug crime attorney.

Marijuana

Marijuana receives its own catagory because it is so commonly found in our state.  There are a number of different charges that involve the use, possession, sale, delivery, and trafficking of marijuana.  For more information on various marijuana charges and possible defenses, click here

Schedule 1 Narcotics

A Schedule 1 narcotic is one that has high potential for abuse and has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.  There are over 60 different substances which are classified as Schedule 1 narcotics.  Most of them are substances and chemical compounds which the average person has never heard of, let alone come in contact with.  The most common are heroin, ecstasy, LSD, and dozens of other hallucinogenic compounds. 

As is the case with other narcotics charges, the various charged associated with Schedule 1 narcotics depends on the amount of drugs possessed and the defendant’s intent.  For for information about these charges and the possible defense, click here

Schedule 2 Narcotics

A Schedule 2 narcotic is one that has high potential for abuse, has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions, and abuse of the substance may lead to severe psychic or physical dependence.  The more commonly known Schedule 2 narcotics include: cocaine, morphine, opium, oxycodone, hydrocodone, methadone, fentanyl, methamphetamines and PCP. 

As is the case with other narcotics charges, the various charged associated with Schedule 2 narcotics depends on the amount of drugs possessed and the defendant’s intent. To learn more about the possible charges and defensese associated with Schedule 2 narcotics, click here

Schedule 3 Narcotics

A Schedule 3 narcotic is one that has a potential for abuse less than the substances listed in schedules 1 and 2, has currently accepted medical use in treatment in the United States, and abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.  Commonly known Schedule 3 narcotics include: LSD and various anabolic steroids. 

As is the case with other narcotics charges, the various charged associated with Schedule 3 narcotics depends on the amount of drugs possessed and the defendant’s intent. To learn more about the possible charges and defenses associated with Schedule 3 narcotics, click here

Schedule 4 Narcotics

A Schedule 4  narcotic is one that has a low potential for abuse relative to substances in schedule 3, has currently accepted medical use in treatment in the United States, and that abuse of which may lead to limited physical dependence or psychological dependence relative to the substances in schedule 3.  Schedule 4 narcotics include: Xanax, Valium, Flurazepam, and Rohypnol. 

As is the case with other narcotics charges, the various charged associated with Schedule 4 narcotics depends on the amount of drugs possessed and the defendant’s intent. For more information on charges and possible defenses associated with Schedule 4 narcotics, click here

Schedule 5 Narcotics

A Schedule 5 narcotic is one that has low potential for abuse relative to the controlled substances listed in schedule 4, has currently accepted medical use in treatment in the United States, and has limited physical dependence or psychological dependence liability relative to the controlled substances listed in schedule 4 or the incidence of abuse is such that the substance should be dispensed by a practitioner.  Many, if not most, Schedule 5 narcotics are over the counter medications, such as cough syrups containing codeine and cold medicines containing ephedrine. 

As is the case with other narcotics charges, the various charged associated with Schedule 4 narcotics depends on the amount of drugs possessed and the defendant’s intent.  For more information on the possible charges and defenses associated with Schedule 5 narcotics, click here

The Nessel and Kessel Approach

Drug cases tend to be the most complicated cases because of all the different issues that may come up.  That means you need a drug defense attorney who knows the law and how to use it to your advantage.  When a client retains Nessel and Kessel Law we immediately begin to develop a comprehensive strategy for success.  Sometimes success means convincing the prosecutor to dismiss the charges completely, or have them greatly reduced.  Other times it means a motion to suppress evidence to have the case dismissed by a judge, or fully preparing for trial and securing a not guilty verdict.

There are almost always 4th Amendment issues when dealing with narcotics charges because the arrest usually stems from a stop on the street or while driving, from the execution of a search warrant, or because of the use of a confidential informent to secure information used to perform a stop or obtain a warrant.  Many times your case will hinge on whether or not your 4th Amendment rights have been violated.

Narcotics charges also hinge heavily on police officer testimony.  Generally there will be multiple officers who take part in a “raid.”  At Nessel and Kessel Law, we have the necessary skill and experience to cross examine these officers and find the holes and cracks in their story, thereby allowing us to expose the lies and fabrications in their story.  At Nessel and Kessel Law, not only do we know the law and how to use it to your advantage, but we know how to expose witnesses who are being less than honest.

Regardless of the issue, if you’ve been charged with a drug offense in the State of Michigan, you need a top criminal defense attorney.  Contact Nessel and Kessel Law today if you or a friend or family member has been charged with a drug offense.