FAQ

As experienced Michigan drug crimes defense lawyers, we understand that individuals who have been arrested or charged with a criminal offense involving drugs have many questions. Our team of skilled drug crime attorneys at Grabel & Associates will address some of the most frequently asked questions below.

• Q. I was growing marijuana plants for my own personal use and have been arrested. How will this affect my case?
• Q. In cases involving drugs, what are the legal challenges that are commonly raised?
• Q. I intend to plead guilty to the charges, so why do I need an attorney?
• Q. Do I need a lawyer if the police have contacted me about selling drugs?
• Q. Can police take my vehicle in connection with drug charges? What should I do?
• Q. I have been convicted of a drug offense, is there any chance of winning an appeal?
• Q. My minor child has been charged with possessing a small amount of drugs; how will this affect his or her future?

Q. I was growing marijuana plants for my own personal use and have been arrested. How will this affect my case?

A. Growing even a single marijuana plant, or any number, is taken seriously. You could face as many as four years in prison, as growing marijuana can result in a felony charge being filed against you. Essentially, the more plants you grow, the most serious the sentence will likely be. You may legally own up to 12 plants if you are a registered care giver is some circumstances, or a registered patient under Michigan's medical marijuana act, however what Michigan considers legal and what is considered legal under federal law may be different. It's best to consult with a lawyer who can explain the options in these complex issues.
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Q. In cases involving drugs, what are the legal challenges that are commonly raised?

A. In most cases, your attorney may challenge how the evidence was obtained. Certain evidence may be suppressed in court if statements made by the defendant or the actual drugs are obtained illegally; police may not violate your Fifth Amendment rights against self-incrimination, or Fourth Amendment search and seizure rights.
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Q. I intend to plead guilty to the charges, so why do I need an attorney?

A. Even individuals who plead guilty to drug crimes many be able to get a reduced sentence if they have an experienced attorney to provide legal support and guidance. Your lawyer will ensure that your constitutional rights are protected, and help balance the element of power between the defense and prosecution.
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Q. Do I need a lawyer if the police have contacted me about selling drugs?

A. Yes. Even when you have not been arrested but police want to talk to or question you, it's essential that you consult with an attorney immediately. While it may seem that police are on your side, they are in reality trying to incriminate you, or individuals you may know. They are also attempting to gather evidence. You should contact an attorney immediately who will advise you of your rights in dealing with the police so that you do not further incriminate yourself or say things that may negatively impact your case later on, should you be arrested.
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Q. Can police take my vehicle in connection with drug charges? What should I do?

A. In what are known as civil forfeiture proceedings, police or law enforcement may confiscate a firearm, vehicle, boat and other property; however, the item confiscated must have been used in committing the crime, have come into your possession as a result of money laundering, or the item must have been purchased using criminal activity proceeds. You lawyer can use one of any number of strategies at his or her disposal to defend you against civil forfeiture proceedings.
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Q. I have been convicted of a drug offense, is there any chance of winning an appeal?

A. Every defendant who is convicted of a drug crime has the right to file an appeal, and the outcome will depend on the unique facts and circumstances of your case. Even the criminal justice system is not perfect; the prosecution may have made errors, or you may feel you had inadequate legal counsel. Juror misconduct, improper evidentiary rulings by a judge, and improper jury instructions are other areas that may be considered grounds for an appeal. Only a skilled and experienced attorney can analyze your case and determine whether your chances are good for winning an appeal.
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Q. My minor child has been charged with possessing a small amount of drugs; how will this affect his or her future?

A. Minors can face serious consequences when they are found to be in possession of any type of drug, including marijuana, regardless of the amount involved. Even though your child is a minor and likely has no prior criminal offenses, he or she may be guilty of a misdemeanor or felony offense, depending on whether the drug involved is a controlled substance or marijuana. This will go on his or her permanent record if convicted, which will negatively impact certain aspects of a child's life such as employment opportunities and obtaining student loans. Your attorney will explore alternative options and diversion programs such as HYTA (Holmes Youthful Trainee Act) and 7411 in an effort to keep your child's record clean.
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