Drug Possession

Grand Rapids Drug Possession Lawyers

If you are arrested for possession of a controlled substance in Michigan, you face aggressive prosecution and stiff sentences. Drug possession charges are notoriously hard to beat because the authorities only have to prove you “knowingly or intentionally” possessed the drugs, and circumstantial evidence is often enough to satisfy a judge or jury. However, the prosecution’s case is rarely as solid as they want the accused to believe, so you owe it to yourself and your family to retain the best defense counsel you can find. At the Van Den Heuvel Law Office, we have represented clients accused of drug possession in the Grand Rapids area for more than 20 years. We know how and when to negotiate a deal, and how and when to fight. When you retain our services, you have our undivided loyalty, and you can trust us to fight whole-heartedly for your best possible outcome.

Penalties for Drug Possession Charges in Michigan

The severity of the penalties for drug possession depends upon the type of substance and the amount seized. Examples of commonly prosecuted drugs include:

• Schedule 1 or 2 narcotic — These include heroin, ecstasy, cocaine, morphine, methamphetamine, OxyContin, and PCP. Possession is a felony with punishment depending on weight:
  • 1,000 grams or more — imprisonment for any term of years up to life, a fine of up to $1,000,000, or both
  • 450 grams or more — imprisonment of up to 30 years, a fine of up to $500,000, or both
  • 50 grams or more— imprisonment of up to 20 years, a fine of up to $250,000, or both
  • 25 grams or more — imprisonment of up to 4 years, a fine of not more than $25,000, or both
• Ecstasy and methamphetamine in any amount — A felony punishable by imprisonment up to 10 years, a fine of up to $15,000, or both.

To combat these serious charges, your attorney must be able to challenge police procedures, including the legality of search and seizure and the validity of the chain of custody of drug evidence. Most drug possession cases are resolved through plea negotiations, but you want to make sure your attorney has the trial experience necessary in case you need to fight in court.

Expungement for Marijuana Possession Charges in Michigan

In 2012, voters in Grand Rapids, Michigan decided, with a 58 percent vote, in favor of enacting a Charter Amendment designed to decriminalize the use and possession of small quantities of marijuana within the city limits. Over the next few years, state laws in Michigan and across the country continued to evolve, and in December 2018, Michigan made recreational use of marijuana legal for adults over 21 years old. From this date forward, there are no criminal penalties for possession of up to 2.5 ounces of marijuana for personal use, and up to 10 ounces in the home. However, thousands of Michigan residents are left with criminal convictions for marijuana possession and must deal with the stigma and consequences of this criminal record.

In 2020, Michigan enacted changes to its expungement laws that allow for previous marijuana convictions to be expunged under the presumption that the activity which led to the conviction would no longer be illegal under current law. It is important to note that at this time, marijuana expungement does not happen automatically. Even under the new presumption, residents must apply for expungement, and the prosecutor will have an opportunity to submit a rebuttal.

Get Aggressive Criminal Defense Representation for Drug Crimes in Grand Rapids

When you retain the Van Den Heuvel Law Office , you get legal representation with more than 20 years of experience defending felony and misdemeanor charges. To schedule your initial consultation, call our Grand Rapids office at 616-607-6362 or contact us online . We can also conduct your appointment via Skype.