Fighting Drug Possession Charges in Grand Haven
Drug possession is a serious crime in Michigan. Those convicted face possible time in jail along with other stiff penalties. At the Van Den Heuvel Law Office, we represent clients accused of drug possession, including marijuana possession. With over 27 years of experience, we know how to handle these cases and have achieved many favorable results. If you or a loved one has been arrested in Grand Haven, please contact us today.
Drug Possession Penalties
The penalties you face will depend on the type of drug you possessed, as well as the amount. Consider the following:
Schedule 1 or 2 narcotic
This covers drugs like cocaine, heroin, morphine, OxyContin, and PCP. You are looking at the following penalties:
- 1,000 grams or more: Up to life in prison and/or a fine of up to $1 million.
- 450 grams or more: Up to thirty years in prison and/or a fine of up to $500,000.
- 50 grams or more: Up to twenty years in prison and/or a fine up to $250,000.
- 25 grams or more: up to four years in prison and/or a fine up to $25,000.
Ecstasy and methamphetamines
Regardless of the amount, you can face up to 10 years in prison and a fine of up $15,000.
The penalties for marijuana are less severe than for other drugs. Simple possession is classified as a misdemeanor, which can result in one year in jail and/or a $2,000 fine.
To obtain a conviction, the state only needs to show that you knowingly or intentionally possessed the drugs, and this does not require that you admit you possessed them. Instead, the state can rely on circumstantial evidence, such as whether you concealed the drugs on your body.
Defenses to Drug Possession Charges
As experienced criminal defense attorneys, we want every client to know that a drug arrest is not the same as a conviction. The prosecutor still needs to present high-quality evidence to the jury in order to convict you. Some defenses you can raise include:
- Illegal search. Police cannot just search anyone they want at any time. Instead, they typically need probable cause. If they lacked that cause, you can move to exclude the drugs at trial.
- Unwitting possession. You might have had no idea you were carrying drugs, e.g., someone gave you a package you did not know what was inside.
- Lack of possession. The prosecutor might claim you possessed drugs when, in fact, they were too far away and outside your control.
To determine which defense to bring, your lawyer will need to look at all the evidence the prosecutor has. In some cases, going to trial and seeking an acquittal is your best bet. In other cases, trying to plead down to a misdemeanor would be your best chance at a favorable outcome.
Hire an Experienced Grand Haven Drug Possession Lawyer
The War on Drugs continues apace, and more people are getting caught up in drug busts and stings. If you or a loved one has been arrested, you need immediate legal help.
At the Van Den Heuvel Law Office, we have decades of experience representing clients in drug possession cases, and we are ready to use our skill and experience for you. Please call to schedule your free consultation with one of our attorneys.