Harrison Township Possession of Analogues

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I was in Harrison Township Michigan.  I was about to go into Mount Clemens Michigan and was stopped for speeding.  I think the court is 41-B District Court in Clinton Township.  I have a court date coming up…says arraignment.  What am I supposed to do???

Do I need a lawyer???

Comments

  1. Peter Torrice on March 10, 2014 at 11:43 pm said:

    Thank you for visiting our website and for your question. Possession of Analogue is characterized as follows according to the Michigan Compiled Laws:

    MCL 333.7403 Knowingly or intentionally possessing controlled substance, controlled substance analogue, or prescription form; violations; penalties; discharge from lifetime probation.
    Sec. 7403.

    (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:

    (a) A controlled substance classified in schedule 1 or 2 that is a narcotic drug or a drug described in section 7214(a)(iv), and:

    (i) Which is in an amount of 1,000 grams or more of any mixture containing that substance is guilty of a felony punishable by imprisonment for life or any term of years or a fine of not more than $1,000,000.00, or both.

    (ii) Which is in an amount of 450 grams or more, but less than 1,000 grams, of any mixture containing that substance is guilty of a felony punishable by imprisonment for not more than 30 years or a fine of not more than $500,000.00, or both.

    (iii) Which is in an amount of 50 grams or more, but less than 450 grams, of any mixture containing that substance is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $250,000.00, or both.

    (iv) Which is in an amount of 25 grams or more, but less than 50 grams of any mixture containing that substance is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $25,000.00, or both.

    (v) Which is in an amount less than 25 grams of any mixture containing that substance is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $25,000.00, or both.

    It depends on what type of drug they found you in possession of to determine how you will be charged.

    The first step is your arraignment. In 41-B District Court they will initially have this date and then set it for a preliminary exam, since this is a felony. At the preliminary exam in Clinton Township 41-B the prosecutor will have to prove probable cause that a crime was comitted and probable cause that you were the one who comitted it.

    It is very important that you hire a lawyer that will request all the necessary documents. For example, an in-car video must be requested to determine if the police officer stopped you and arrested you for a valid reason.

    If the prosecutor can prove that there is probable cause a crime was comitted your case would then be bound over to the Macomb County Circuit Court for further proceedings, including trial.

    I suggest you contact Canu Torrice Law immediately. That way we can get started right away at your legal defense. It is important that you hire a lawyer that knows the system and is willing to fight for you.

    Peter Torrice
    CANU TORRICE LAW
    32059 Utica Road
    Fraser, MI 48026
    586-285-1700
    AllLegalMatters.com

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