Drug Crimes FAQ – Frequently Asked Questions for Drug Crimes

Though Michigan recently legalized recreational marijuana use, the rest of the state’s drug laws are still in force. If you have been arrested on a drug charge, you probably have a lot of questions about what you should do, whether you might have to go to jail and what your rights are.

Here are the answers to some of the most frequently asked questions our clients ask us. For more detailed information, please contact our office to schedule a free consultation. Call (269) 808-8007.

What’s The Difference Between Drug Possession And Distribution Or Trafficking?

Drug trafficking and distribution refer to the sale or giving away of a controlled substance, such as heroin, methamphetamine or fentanyl. The penalties for trafficking generally are harsher than for simple possession. However, keep in mind that the authorities could consider possession of a certain amount of a drug to be possession with intent to distribute, even if they have no other evidence you sold or meant to sell drugs.

Can I Avoid Jail Time If I’m Convicted?

In many cases, yes. Often, a plea deal can result in reduced charges against you. Especially if you have a clean record, you could end up going through addiction treatment or another diversion program instead of incarceration.

Does Michigan Have Forfeiture Laws?

State law allows the police to seize any of your property if they believe it is connected to a drug crime. However, a recent change to the law prohibits the police from keeping your property unless you are convicted or if the seized assets are worth more than $50,000. Before this change, the police had wide power to seize, keep and sell people’s property, even if their charges are dropped or if they are found not guilty at trial.

Does Michigan Have Drug Courts?

Yes. Drug court works differently than the standard criminal court in that it is more of a supervised treatment program with the goal of breaking the cycle of addiction and arrest. Your defense attorney can help you understand the details of going through drug court and whether it is an option for you.