As someone who has spent years defending people who have been charged with drug crimes, I know that it is difficult to know what to do, where to turn, and who to trust. Being placed under arrest is a scary and stressful experience, and the stakes are high. You need to understand what to do if you have been charged with a drug crime and know how to protect yourself and your rights to minimize the likelihood of a conviction.
If you have been arrested, exercise your Fifth Amendment right to remain silent.
When you were placed under arrest, the police should have read you your Miranda rights. These include the right to remain silent and the right to an attorney.
Even if the police try to pressure you into talking, politely explain that you are exercising your right to remain silent and that you will not answer any questions until you have had a chance to speak to your lawyer.
Then contact Elmen Legal for experienced drug crime defense.
When you contact an attorney, especially if you are still at the police station, be careful not to say anything that could be construed as a confession. Instead, let the lawyer ask questions and answer them the best you can. Your criminal defense lawyer will give you advice on what to do next.
Phone calls from the police station might be recorded. While conversations with your lawyer are legally privileged and their content cannot be revealed, phone calls to a friend or relative are not privileged, and anything you say in these conversations could be used against you.
If you have been arrested and are calling a friend or family member, simply explain that there is an emergency, that you have been placed under arrest, and that you need to speak to a lawyer.
To get ready for our first meeting, bring with you anything you received from the police, and be prepared to discuss the circumstances that led to your arrest, what happened during the arrest, and anything else that you think might be helpful. If there are witnesses to the alleged crime, photographs, videos, or other evidence that you think could show that you are innocent, bring that information with you.
During our initial meeting, we will discuss what happened and begin preparing your legal defense strategy. We will also discuss the possibility of having the charges reduced or negotiating a plea bargain.
It is crucial that you be completely honest with me during our meeting. Even if you believe you are guilty, or if there are facts about the case that make you feel embarrassed, it is better that I know them sooner rather than later. When I have a complete understanding of the circumstances that led to your arrest, even if there are facts that are not favorable to you, I can create a legal defense strategy that accounts for the potential weaknesses in your case and plan for how the prosecutor will try to convict you. If I do not know everything about the case, I cannot develop a strong and effective strategy.
Every case is unique, and the circumstances of your situation will dictate the specific strategies we use. But there are some common defenses to Michigan drug crime charges.
To charge you with a drug crime, the police do not necessarily need to find the drugs on your person. They simply need to show that you have access to or control of the drugs. But if other people had access to or control over the drugs, we can argue that the drugs were not yours.
For example, if you shared an apartment with someone else or were riding in the car with a friend when you were arrested, we could argue that there is reasonable doubt as to whether the drugs were yours and use this as part of your legal defense strategy.
To prove you guilty of a Michigan drug crime, the prosecutor must present evidence from a crime lab to establish that the substance that was in your possession was actually a drug. If there were problems with how the analysis was performed or with the chain of custody, we may be able to argue that the substance you were charged with possessing was not actually an illegal one.
Before the police can search your home, car, or person, they must have probable cause to believe you committed a crime. If the police lack probable cause to believe you committed a crime, they cannot legally perform a search. Any evidence that was discovered through an illegal search cannot be used to try to convict you. But if you gave the police permission to perform a search or if the drugs were clearly visible, this defense will not apply.
If the police failed to advise you of your Miranda rights, you may be able to have some evidence excluded. Under the Miranda decision, police must advise you that you have the right to remain silent, the right to an attorney and that anything you say can be used against you. If the police failed to follow proper procedures and did not advise you of these rights, we may be able to have some of the evidence excluded from trial, which could lead to dismissal of the case or a reduction in the severity of the charges.
If you were arrested and charged with a Michigan drug crime, Elmen Legal can help call (734) 707-8915. Hiring an experienced Michigan drug crimes defense attorney may be one of the most significant decisions you make.
At Elmen Legal, my commitment to my clients never wavers. I will work hard to defend you against Michigan drug charges and to secure the best outcome I can in your case.
To learn more, read reviews from other clients, get answers to Frequently Asked Questions, and read why clients choose to work with Elmen Legal. Then contact Elmen Legal today to begin preparing your defense.
Elmen Legal proudly represents people throughout Michigan in Ann Arbor, Saline, Pittsfield Township, Chelsea, or Ypsilanti, in Washtenaw, Wayne, Monroe, Lenawee, Hillsdale, Jackson, Ingham, Livingston, and Oakland Counties.
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