Michigan Criminal Lawyers Blog

The constitution guarantees an individual charged with any crime such as drug distribution, robbery or murder the right to a speedy trial. One of the reasons behind this constitutional guarantee is recognizing that individuals are innocent until proven guilty and this right helps ensure that people charged with a crime aren't subjected to "oppressive pretrial incarceration," as well as minimizing the anxiety of the accused and limiting the possibility that the defense will be negatively affected.

An experienced Michigan criminal defense lawyer can fight to protect your rights if you are charged with any crime and help ensure law enforcement does not violate your constitutional rights at any point in the criminal law process, including investigation, arrest and trial.

In a recent 6th Circuit case, United States v. Ferreira, the 6th Circuit dismissed the indictment against a defendant after the government unnecessarily delayed his trial. In Ferreira, the defendant Ferreira was accused of conspiracy to distribute drugs - 500 grams or more of methamphetamines in 2005. At that time he was in custody in Georgia on unrelated criminal charges. As the result of government delays, misplaced paperwork and other errors, Ferreira did not appear in court related to the drug charges until August 2008.

Although the district court dismissed Ferreira's claims that the government violated his right to a speedy trial, on appeal the 6th Circuit - which includes Michigan - determined that the man's rights were denied. In determining whether someone's right to a speedy trial are violated, a court will evaluate four factors including the length of the delay and the reason for the delay. A length of more than one year satisfies the test. Here the wait was nearly three years long.

Additionally - a court will review the reasons for a delay. If the delay is motivated by bad faith rather than by simple negligence, it is more likely a court will find that the government violated an individual's rights.

Continue reading "Drug Distribution Case Dismissed Based On Violation Of Right To A Speedy Trial in United States v. Ferreira " »

The United States Constitution provides several different fundamental rights that apply to all U.S. citizens and all criminal defendants. One of these protections is the right to be free from unreasonable searches and seizures. If the police or other law enforcement violate these rights, then an experienced criminal defense lawyer can challenge the evidence obtained as the result of an "illegal search." In some cases, this may lead to criminal charges being reduced or even thrown out.

In United States v. Beauchamp, police saw a man - Gevoyl Beauchamp - walking at 2:30 in the morning in an area known for drug possession and drug trafficking complaints. One police officer noticed Beauchamp and Beauchamp "hurriedly walked away without making eye contact." The police officer then instructed his partner to stop Beauchamp, who was now a couple of blocks away. The partner drove up to Beauchamp, got out of his car and ordered Beauchamp to stop. Beauchamp complied. However, because Beauchamp seemed "nervous and shaking" the officer frisked Beauchamp and asked permission to search him. He agreed, and police discovered $1300 in cash. During the search, the Beauchamp's pants had fallen down and police officers noticed plastic protruding from his butt cheeks. Beauchamp began to run away, but was detained by police officers who determined that the plastic contained crack cocaine.

Beauchamp was indicted on 2 counts - drug possession with intent to distribute five grams or more of crack cocaine and drug distribution of less five grams of crack cocaine. The second count was dismissed and Beauchamp subsequently entered a plea of guilty of possession with intent to distribute crack cocaine. He then appealed the district court's denial of his motion to suppress evidence obtained pursuant to a seizure. Where police officers lack sufficient "reasonable suspicion" to conduct a search for drugs, an experienced Michigan drug charges defense attorney may be able to get the evidence obtained illegally thrown out through filing a motion to suppress, which may lead to charges being dropped.

The court noted that the fourth amendment protects "[t]he right of the people to be secure in their persons...against unreasonable search and seizures. Although in some circumstances, such as in "consensual encounters" the 4th amendment is not applicable, whenever a "seizure" occurs, 4th amendment protections apply. An individual is considered "seized" when an officer "by means of physical force or show of authority, has in some way restrained [his] liberty." Here the court determined that a seizure had occurred because a reasonable person in Beauchamp's position would not have felt free to walk away after being targeted by the police, and after trying to walk away, being specifically instructed to stop and change the direction he was walking,

Continue reading "Search Found To Be Illegal In United States v. Beauchamp " »

The Detroit Free Press reports that this week's joint operation between the Oakland County Sheriff's Office and the Drug Enforcement Administration resulted in a seizure of the largest quantity of heroin in Oakland County and Michigan history. Law enforcement recovered 10.5 kilograms of cocaine and 69 kilograms of heroin with a combined street value of $150 million.

Michigan law enforcement is serious about cracking down on drug crimes. If you've have been charged with federal drug charges or a major felony offense for drug trafficking, you face jail or prison time and large fines. In some cases, in their zeal to remove drugs from the streets, police or drug enforcement agents make errors in charges or in the procedures used to confiscate narcotics or other drugs. In order to ensure your rights are protected, it's important to contact an aggressive Michigan criminal defense attorney immediately if you've been charged or under investigation for any state or federal felony drug charge.

According to news reports, law enforcement conducted a traffic stop and found two kilograms of cocaine. They then executed a search warrant and found large quantities of heroin, cocaine and cash.

Even when evidence of contraband exists, many defenses exist that an experienced Michigan drug crime lawyer can raise in order to protect your future and keep you out of jail. Knowledgeable Michigan criminal defense attorneys will protect your constitutional rights against police mistakes and misconduct by investigating such questions as:

• Was the search warrant on your vehicle or property valid?
• Did the police have the right to stop and search your car?
• Did probable cause exists for your arrest?
• Is any chemical testing accurate?
• Did police or DEA agents entrap you?
• Were informants and witnesses used fairly?

Because possession of a few ounces of narcotics can turn into drug distribution or drug trafficking charges, it is critical to ensure the Michigan drug defense law firm you hire fully investigates all avenues of defense. Early intervention is key to beat charges or lessen to consequents of an arrest and prosecution. In high-profile Michigan drug trafficking cases such as this heroin bust, it becomes even more important to fight back as soon as possible. Many times, prosecutors want to make a name for themselves and make alleged drug sellers "enemy number one." Often, charges may be trumped up and innocent individuals prosecuted just because of who they know or are associated with.

Continue reading "Pontiac Heroin Seizure Largest In Oakland County History " »