Cocaine is illegal in Lansing and the authorities are more than willing to find those who deal and use it. Possession of cocaine is a misdemeanor that carries both fines and jail time. Even if the cocaine is not on your person, you can be charged with possession if you “have control” over the drug, be it in your car, your house or your properties you can be charged. This has up to one year of jail time rolled into the penalty with up to a two thousand dollar fine.
Cocaine comes in two variants: rock form that can be snorted and a form that can be smoked, also known as crack cocaine. In terms of the law, there is no difference in what kind of cocaine you use. It only matters that you have it. Considered a Schedule II drug in the state of Michigan, it ranks along with meth in terms of severity. By the state’s definition, it is highly addictive and dangerous. As such, the state prosecutes those caught with it to the fullest extent of the law.
However, prosecutors will try to push a possession charge up to a charge of possession with intent to deliver. This means you both have control over the drug and are looking to profit from it by selling it. A prosecutor does not have to have proof of such delivery to make such a charge. They can do so based solely upon the amount of cocaine you were caught with, where you were apprehended, and other circumstances surrounding the arrest, which can lead to unfair sentencing if these charges are not properly defended against.
Do not wait for these serious charges to be filed against you. You need to contact an experienced drug crime attorney the moment you are arrested. The more time you wait, the less time you have to build a solid defense. Call the attorneys of Grabel & Associates right now.
Possession with intent to deliver has a variety of fines and penalties, all depending on how much cocaine you were caught with. In all cases, it is considered a felony. If you were caught with less than 50 grams of cocaine, a 20-year prison sentence and up to $25,000 in fines is standard. As the amount of cocaine increases, the penalty rises dramatically. If you are one gram over this limit (between 50 grams and 450 grams), the fine increases to $250,000.
Once you cross the 450-gram amount, the fine increases to $50,000 and the maximum prison sentence climbs to 30 years. Should you possess any more than this, the prosecution will begin considering lifetime imprisonment and is able to fine you for $1 million dollars. The devil is in the details. Do not allow unfair or inaccurate charges to be pressed on you. When the stakes are this great, every gram matters for your sentencing.
These punishments, even the most minor of them, will change your life forever. You may not have the money to pay the fines. What is worse, you can be charged with intent to deliver, even if you had no intention. Again, it is important to get an attorney as soon as possible. The best way to deal with these charges is to avoid it altogether.
There is a legal alternative to help you, assuming this is your first charge involving cocaine possession. In many circumstances, a judge will allow a first-time offender to spend their sentence under probation rather than spend it in jail. Using our legal expertise, we can argue on your behalf and maximize the chance that you could be granted this leniency. You will still pay the fine, but you will be able to live your life from outside of jail. Unfortunately, if you have been involved with cocaine before, the likelihood of this happening twice is very rare, but it is worth consulting an attorney.
There is also a precedent of those convicted of drug charges being sent to a rehabilitation facility instead of prison. The justice system is aware that the only way to reduce drug use is to fight addiction. The best way to ensure that is to send addicts where they can get help, rather than have them sit in prison. Many courts are willing to accept this form of leniency. This is very dependent upon the nature of your arrest and your previous history with the law.
Drug crime is a difficult area of law, and it can up-end a person's life. However, people arrested for minor charges can fall victim to undeserved punishments that can ruin their lives. You need an attorney who understands every piece of drug legislation and who will look out for your freedom at every turn, making sure you are fairly tried and represented.
If you have just been arrested for possession with intent to deliver, call the drug crime attorneys of Grabel & Associates at 1-800-342-7896. You will need our expertise in the course of protecting your freedom. Call right now for a free consultation and we will begin building your legal defense. Contact us online at Grabel & Associates today.