Charged With Maintaining a Drug House for Marijuana in Warren and It Wasn't Even My House It was My Boyfriend's

Home » General » Charged With Maintaining a Drug House for Marijuana in Warren and It Wasn't Even My House It was My Boyfriend's

Hi Canu Torrice Law Lawyers! My boyfriend got busted for selling marijuana in Warren Michigan and I was there at the time when the cops raided the house.  It’s his house that he is renting from his uncle.  I spent the night there once in a while but never lived there .  The cops took my HD TV and some other of my thigs I had there and when I asked for them back they charged me with maintaining a drug house a felony charge how is this possibl when it wasnt my house????????  I feel like they messed with me when I asked for my stuff back.  What can we so to beat this case?  I hope the attorneys at your law firm can keep me off probation for this shitty charge because I do not want to got to jail or prison for something I didn’t do, or be a convicted felon.

Comments

  1. Peter A. Torrice on September 26, 2010 at 11:10 pm said:

    Like every criminal case the Michigan criminal defense attorneys at Canu Torrice Law handle, we need to know the full facts of the case, obtain all the necessary discovery, and investigate both sides of the story before we can ever make an educated assessment of likelihood of our “beating” a case. However, in your situation, it seems fairly clear that that charges for Maintaining a Drug House are without merit.

    Maintaining a Drug House in Michigan is a high-court misdemeanor punishable by two (2) years in prison and other penalties. Procedurally high-court misdemeanors are prosecuted the same way as felony cases, but a technically a “misdemeanor” by statute. (For detailed discussion of the difference between misdemeanors, high court misdemeanors and felony cases, see the Michigan criminal defense law section of our main web site at http://www.AllLegalMatters.com at http://www.alllegalmatters.com/criminal-defense-attorney-michigan.html ).

    The Maintaining a Drug House statute in Michigan reads in relevant part as follows:

    MCL 333.7405 Prohibited conduct generally; violation; penalties.

    (1) A person:

    (d) Shall not knowingly keep or maintain a store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place, that is frequented by persons using controlled substances in violation of this article for the purpose of using controlled substances, or that is used for keeping or selling controlled substances in violation of this article.

    (2) A person who violates subsection (1) is subject to the penalties prescribed in section 7406.

    MCL 333.7406 Violation of MCL 333.7405; penalty.

    A person who violates section 7405 may be punished by a civil fine of not more than $25,000.00 in a proceeding in the circuit court. However, if the violation is prosecuted by a criminal indictment alleging that the violation was committed knowingly or intentionally, and the trier of the fact specifically finds that the violation was committed knowingly or intentionally, the person is guilty of a misdemeanor, punishable by imprisonment for not more than 2 years, or a fine of not more than $25,000.00, or both.

    As you can see, although a “high court misdemeanor” may not sound as serious as a felony, it really is, and the penalties for Maintaining a Drug House can be quite high.
    The charge of Maintaining a Drug House is generally a companion charge for defendants who are facing charges of Delivery/Manufacture of a Controlled Substance (i.e., e.g., marijuana, cocaine, heroin, meth, or analogues such as Vicodin, Xanex, etc.). As defined by statute, a Maintaining a Drug House does not actually mean a house, as “vehicles,” “boats,” “aircraft,” and “warehouses” are expressly included in the statute. Basically it is a charge you usually face when you get caught selling drugs out of your house, car, etc.

    It is extremely unusual and disturbing that someone who is not the owner or renter of a house or an apartment is charged with Maintaining a Drug House with no other companion charges. If the Warren Police thought you were involved in selling drugs then they should have charged you will Deliver/Manufature of a Controlled Substance, Possession With Intent to Deliver, Conspiracy, or some other charge along with your boyfriend. It is not completely unheard of however, as the attorneys at Canu Torrice Law just recently got a similar type of case dismissed from the 41-B District Court in Clinton Township. Maybe the Warren Michigan Police Department thinks you own the house or are the primary name on the lease agreement or were “helping” your boyfriend sell weed out of the house. I don’t know the answer, but I do know that if you had nothing to do with the actual selling of narcotics or drugs on the premises, and essentially were just physically present there in the wrong place at the wrong time, that case is weak and I have no doubt the Michigan criminal defense lawyers at my law firm will get that Maintiang a Drug House case dismissed.

    You need to schedule a free consultation at my office immediately to discuss this matter further, because this is the type of situation that MUST be exploited at a Preliminary Exam to get the charges dismissed before it goes any further.

    Contact my law firm at (586) 285-1700 24 hours a day, 7 days a week, and schedule an appointment to meet with our lawyers. I am confident we can help your girlfriend get these bogus charges for Maintaining a Drug House in Warren Michigan dismissed.

    PETER A. TORRICE
    Canu Torrice Law
    http://www.AllLegalMatters.com
    (586) 285-1700

Leave a Reply

Our Address

We are located at:

32059 Utica Road
Fraser, Michigan 48026
Phone: (586) 285-1700
Fax: (586) 285-1707

Our Hours

Our hours of operation are:

8:30AM-5PM MONDAY - FRIDAY
SATURDAY & SUNDAY BY APPT
24/7 RETURN CALL

We Accept

We accept the following methods of payment: VISA, MASTERCARD, DISCOVER, AMEX, CHECK, or CASH.

24/7 Service

We offer 24 hour a day 7 days per week emergency service for all of your legal needs.