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Frequently Asked Questions – Drug Crimes

At WN Law PLLC, we represent many people who have been charged with drug crimes in the Grand Rapids area. Often, when those individuals meet with us to talk about their case, they have many common questions about what exactly they are facing.

We wanted to discuss some of these questions here, and explain more about what we can do to ensure that your rights are protected throughout the process. For detailed advice regarding your case, please schedule a free consultation with our experienced criminal defense attorney.

Will I lose my driver’s license if I am convicted of a drug crime?

Under Michigan law, anyone convicted of a drug crime will lose their license for six months for a first offense, and a year for a second offense. These penalties will be handed down unless you are eligible to participate in a special sentencing program set up for those charged with drug crimes.

There are usually two special sentencing statutes that can protect a defendant’s driver’s license, which include the Holmes Youthful Training Act and MCL 333.7411. These statutes allow for certain penalties to be bypassed in the event that you are not arrested for a specific period of time. If you commit further crimes, these penalties can be enhanced if you are convicted. It is important to consult an experienced criminal defense lawyer the moment you are charged to ensure that you are doing everything you can to protect your future.

Can I keep this conviction off of my record?

Again, this will depend upon whether or not you qualify for either the 333.7411 or Holmes Youthful Training Act special sentencing options available to drug offenders. If you do, it is possible that this conviction will not appear on your record, or show up when employers do background checks.

In essence, these special sentencing provisions allow the court to keep the entire matter secret if you comply with the terms handed down at the moment of sentencing. Once you meet these obligations, it is like the entire thing never happened.

Will my arrest or charges lead to jail time?

The answer to this will depend significantly on a number of different factors, including your past criminal history and the potential charges that you are currently facing. The more serious the offense, the more likely it will be that prosecutors will seek jail or prison time in your case. It is important to contact an experienced attorney as soon as possible to determine if there is anything that can be done to prevent you from receiving jail time as part of your sentence.

What are common drug charge defense strategies?

Drug cases may seem open and shut, but you likely have more defense options than you realize. One common approach is challenging the legality of the search and seizure. If law enforcement did not follow proper procedures and/or didn’t have probable cause for the search, any evidence gathered might be inadmissible in court.

Another strategy is alleging chain-of-custody issues or questioning lab results for drug tests. Sometimes, lab errors or contamination can occur. Finally, you could challenge the assertion that you knew about the drugs if they were not found on you or in your direct control (known as constructive possession). The specific defenses available will depend on the details of your case.

Why hire a Michigan drug charge lawyer?

An attorney familiar with Michigan criminal laws and court systems can provide valuable insights and representation. They can help protect your rights, negotiate plea deals, and seek reduced penalties.

Even if you plan to plead guilty, please speak to a defense lawyer first. A good attorney can often help you obtain a much more favorable outcome than you could secure on your own.

Can a drug charge be dismissed in Michigan?

Yes, drug charges can be dismissed under certain circumstances. This might occur if there are procedural errors in your case, such as violations of your constitutional rights during the arrest or investigation. Additionally, if there is insufficient evidence or if evidence is deemed inadmissible, the charges may be dropped. An attorney can evaluate your case to identify any issues that might be grounds for dismissal.

How long will my drug case take to resolve?

The time it takes to resolve a drug case in Michigan can vary significantly based on several factors. The complexity of your case, the charges you are facing, and the court’s schedule all play a role. Some cases may be resolved in a matter of months, while others can take a year or more. Plea negotiations, pre-trial motions, and trial preparations can also impact the timeline.

Will I lose my job if I’m convicted of a drug crime?

Losing your job is a possibility but not a foregone conclusion. It depends on factors like your employer’s policies and the type of job. Certain professions require licenses that could be jeopardized by a conviction. Your attorney may be able to offer guidance on how a conviction would impact your employment and explore potential options to mitigate these consequences.

Schedule Your Free Consultation

If you have additional questions about your case, or to meet with our attorney to begin building your defense, please call our office at 616-426-9491 or send us an email to arrange a time that works for you.