Need Michigan Defense Attorney for Possession of Analogues- Vicodin & Xanex Felony Charges In Macomb County, Shelby Township Michigan – Pulled Over By Shelby Police for Talking On Cell Phone!!!

Home » General » Need Michigan Defense Attorney for Possession of Analogues- Vicodin & Xanex Felony Charges In Macomb County, Shelby Township Michigan – Pulled Over By Shelby Police for Talking On Cell Phone!!!

I’m in big trouble guys! I was pulled over by cops for talking on my cell phone in Shelby Township by Shelby Township police. They said they smelled alcohol on my breath but I wasn’t drinking at all so that was a lie and asked me to step out of the car. I thought I was gonna get searched and I was scared so when they asked me if I had anything I wasn’t supposed to I told them I had some pills in my pocket and they pulled a pill bottle with 15 Vicodin and 12 Xanex that were not my prescription RX. Now I am being charged with Possession of Analogues which I didn’t know was a felony!!! I’m only 20 and in college and this will ruin my career and my life. I’m going to school and want to be in law enforcement but now I may be screwed?

Can police pull you over in Shelby Township for talking on your cell phone???? I never heard of that. Could they just ask me to step out of the car for no reason and start asking me questions about having stuff on me? Is having Vicodin or Xanex on you without a perscription really a felony? Can you help get rid of these charges or at least keep this felony off my record? Am I screwed with school and law enforcement?

I am in trouble and need a good Michigan defense attorney I guess for these criminal charges in Shelby Township, can you help?

Thanks for your time. I have emailed your web site too with my contact info.

Comments

  1. Thank for visiting http://www.AllLegalMatters.com and our free Michigan legal question blog! The attorneys at Canu Torrice Law are among the best attorneys in Michigan for any form of drug possession charges because we handle such a high volume of these cases every week in Macomb County, Wayne County, Lapeer County, Oakland County, St. Clair County, Washtenaw County, and every other county throughout the State of Michigan. Because our Michigan lawyers represent so many defendants in felony drug possession charges, including Possession of Analogues (Vicodin, Xanax, etc.) charges, we are intimately familiar with the law and the defenses to such cases.

    The charge of Possession of Analogues in Michigan, which as you know includes possession of Vocodin, Xanax, and other types prescription drugs is a felony punishable by up to 2 years in State prison and a $2,000.00 fine, plus court costs, in addition to probation, counseling, and all the other usual terms and conditions of probation. The relevant portion of the actual statute is reprinted below:

    MCL 333.7403 Knowingly or intentionally possessing controlled substance, controlled substance analogue, or prescription form; violations; penalties.

    (1) A person shall not knowingly or intentionally possess a controlled substance, a controlled substance analogue, or a prescription form unless the controlled substance, controlled substance analogue, or prescription form was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of the practitioner’s professional practice, or except as otherwise authorized by this article.

    (2) A person who violates this section as to:
    . . .
    (b) Either of the following:
    . . .
    (ii) A controlled substance classified in schedule 1, 2, 3, or 4, except a controlled substance for which a penalty is prescribed in subdivision (a), (b)(i), (c), or (d), or a controlled substance analogue is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.

    This is a very common charge in Shelby Township, Michigan and all throughout Michigan lately. The use of prescription drugs without a proper RX by teens and adults has gained nationwide attention, and is being treated much more severly by courts than it has been in the past. In fact, Michigan courts are lately treating Possession of Analogues charges the same as Possession of Cocaine, Heroin, Meth, or any other type of possession of narcotics charges.

    In your case there may be several defenses to the felony drug charges you are facing in Shelby Township, the most obvious being a constitutional challenge to the traffic stop or the subsequent search and seizure of your person and vehicle by Shelby Township Police.

    Although talking on your cell phone in Shelby Township, Michigan is considered “distracted driving” and is a civil infraction, that does not mean Shelby Police can ask you to step out of the vehicle and search you without legal justification. Judge Shepherd and Magistrate Osear are very reasonable and fair Judges, and if there is a constitutional violation that occured in the arrest, the “Fruit of the Poisonous Tree” doctrine and the 4th Ammendment may require suppression of the evidence obtained. This is a very time sensitive issue however, because we need to obtain discovery in your case especially the videotape from the police car if it’s available, before it is lost or destroyed (“accidentally” of course).

    Even assuming the worst case scenerio and there is no defense to your case, the attorneys at Canu Torrice Law will most likely be able to keep this felony Possession of Analogues charge off your criminal record so that you do not have to worry about having a criminal history at such a young age. The availability of entering a plea under HYTA (Holmes Youthful Trainee Act) or MCL 333.7411 (“7411″) will prevent a public record being made of this charge if the prosecutor and judge agree, and if you successfully complete the terms of a probationary period with the court.

    You need to contact the Michigan criminal defense lawyers at Canu Torrice Law today at (586) 285-1700 for a free consultation, and we can begin the defense of these felony drug possession charges in Shelby Township immediately.

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

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