Defenses to Drug Possession Charges

Michigan drug possession charges are serious, and the penalties for a conviction can be severe. Depending on the type and amount of drugs in your possession, your punishment could include anything from probation and drug treatment to mandatory jail time and massive fines.

If you are facing drug possession in Michigan, Elmen Legal can help. Attorney Elmen will thoroughly investigate the charges against you, provide guidance and advice to help you navigate the criminal legal system, and mount a vigorous defense designed to result in a Not Guilty verdict at trial, a significant reduction in the charges or penalties you face, or outright dismissal of your case.

Robert Elmen is a drug possession lawyer in Ann Arbor, Michigan. As part of his vigorous legal defense, he will carefully analyze your circumstances to assess whether you may be eligible to participate in a diversion program that could result in the drug possession charges being dropped. He is fully prepared to defend you in court and, when necessary, at trial.

Understanding Drug Possession Charges in Michigan

Drug possession is one of the most common drug-related offenses in Michigan. To prove a Michigan drug possession case, the prosecutor must establish, beyond a reasonable doubt, that the defendant:

• Knowingly and intentionally;
• Had an illegal controlled substance in their possession; and
• Intended to possess the substance.

Attorney Elmen will carefully analyze your situation and identify which elements of the crime you can challenge, and how. If your drug possession lawyer can eliminate just one of these elements, the prosecutor cannot prove their case, which can lead to an acquittal from a jury, a reduction to the charges or penalties you face, or dismissal of your case.

Actual Possession vs. Constructive Possession of Drugs

In Michigan, the prosecutor can make a case for drug possession by showing the defendant was in actual possession of drugs or that the defendant was in constructive possession of drugs.

• Actual possession is when the police find you with drugs on your person, such as if you were holding pills in your hand or pocket, or had heroin in your purse or bag.
• Constructive possession occurs when the police find drugs in close proximity to you, somewhere you can easily reach, or a place you have access to and control over. Having drugs in your car or apartment are examples of constructive possession.

Defenses to Drug Possession Charges in Michigan

As a defendant In a Michigan drug possession case, you may have many defenses available. Common defenses to drug possession charges include:

• The drugs were not yours;
• Unwitting possession (i.e., you did not know you were carrying or had access to drugs);
• The substance was not a drug;
• The search was illegal;
• You were not advised of your rights;
• Problems with the chain of custody.

Aggressive Drug Possession Lawyer Serving Ann Arbor, Michigan

Michigan drug possession charges are serious, and a conviction carries serious penalties. But Elmen Legal can help.

Michigan drug possession lawyer Robert Elmen will carefully analyze your situation to determine which defenses have the best chance of success. He will aggressively challenge the evidence against you, build a strong case to defend your rights and fight for a Not Guilty verdict.

Every drug possession case is unique. Some defenses challenge the facts of the case, while others target procedural errors. Sometimes a defendant can raise an affirmative defense, introducing our own evidence to show you were acting within the law or that the prosecutor does not have a case.

Regardless of your situation, Elmen Legal will take a caring and compassionate approach and guide you through the drug possession charges to achieve an optimal resolution in your case.

To learn more, contact Elmen Legal today to schedule a confidential consultation to discuss your situation and how Attorney Elmen can help.