Michigan Criminal Lawyers Blog
Recently, 33-year-old Christina Deam was pulled over by a Jefferson County sheriff’s deputy in Arkansas for allegedly driving 63 mph in a 55 mph zone on U.S. 79. As a result of the traffic stop, Deam now faces drug charges.
According to news reports, Deam was initially taken into custody on two misdemeanor warrants. A probable cause affidavit revealed that Deputy James Hoffman performed the traffic stop, and Deam admitted she did not have a driver’s license. A passenger in the vehicle with Deam also did not have a license; after running a records check, Hoffman found both had warrants. Deam and her passenger were arrested.
After conducting an air sniff of Deam’s car with the assistance of Hoffman’s K-9 partner in which the dog alerted on the driver’s side door, a clear plastic bag of what was believed to be cocaine was found in the door pocket. Suspected cocaine was also found in Deam’s handbag, along with a clear straw containing residue of suspected cocaine. The State Crime Lab will perform an analysis to determine if all of the materials found in the handbag and vehicle are indeed cocaine, however Deam denied any knowledge of it.
While Deam was initially taken into custody on misdemeanor warrants, prosecutors now have probable cause to charge her with possession of a controlled substance with intent to deliver. Her bond was set at $10,000.
Possession of cocaine with intent to deliver is a serious charge. While news reports did not mention the amount of cocaine involved, less than two grams is considered a Class C felony in Arkansas which may result in penalties which include fines of up to $10,000 and three to 10 years in prison. The higher the quantity involved, the more harsh the penalties.
In the state of Michigan, possession of any amount of cocaine up to 50 grams with intent to sell or deliver the drug will result in punishment that includes fines of as much as $25,000 and/or a maximum of 20 years in prison. Factors that may affect sentencing include prior criminal history, the facts of the case (whether the offense took place in close proximity of a school, church, park, home, etc.) and other factors. The type and amount of substance involved is one of the biggest factors that impact sentencing.
Anyone who has been arrested or is under investigation for a drug offense whether simple possession, possession with intent to deliver, manufacturing, cultivating, or distribution should consult with an aggressive Michigan drug crime attorney right away. It is critical that your legal rights are protected and the charges investigated to determine whether mistakes may have been made by police, or your rights violated. Ultimately, the goal of your defense lawyer is to have charges dismissed or reduced, or to secure an acquittal at trial so the damage to your life is reduced.