Michigan Criminal Lawyers Blog

A recent case from the 6th Circuit Court of Appeals evaluated the effect of firearms in connection with drug possession. In United States v. Shields, the Sixth Circuit found in favor of the defendants, determining that the lower court had erroneously imposed a too long sentence and found that the sentence enhancement was unreasonable.

Weapons charges are serious. In Michigan, when a crime is committed while a defendant is in possession of a firearm sentencing guidelines call for a mandatory two-year prison sentence. This sentence will be added to penalties associated with an underlying crime. If you face weapons charges, it is important to consult with an experienced criminal defense attorney in Michigan, such as a top weapons charge attorney.

In Shields, the defendant was arrested for allegedly possessing a firearm in connection with drug possession. Here, police officers found Kevin Shields in possession of a nine-millimeter handgun. As a police officer was walking Shields to the patrol car, Shields stated that he needed his wallet, which was on the porch. When the police officer went to the porch to grab the wallet, he also found a small amount of pot near where Shields had been sitting. This amount constituted only a small, consumption-level amount of marijuana plus cocaine residue. While marijuana possession in small amount is generally considered a misdemeanor, here the drug possession was considered a felony because Shields had prior drug convictions.

Although the prosecution sought a sentence enhancement for "weapons possession in connection with a felony" the appellate court determined that an enhancement based on weapons charges was not reasonable in this case. No "sufficient nexus" existed between the firearm and the drug possession. A sentence enhancement is available where "a firearm is possessed" in connection with "another felony ... if the firearm facilitated, or had the potential of facilitating another felony offense." As explained in the case, an example of this would be where a defendant uses a firearm to protect the drug, facilitate a drug transaction, or embolden himself while participating in felonious conduct."

Continue reading "Sentence Enhancement Unreasonable In US v. Shields Where Possessing A Gun Was Not Connected To Drug Use " »

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 American Civil Liberties Union has recently issued a statement accusing the FBI of racial profiling - the targeting of racial, ethnic and religious groups for investigation by associating criminal behaviors with specific communities. One of the areas specifically mentioned in its report was Michigan. According to the report, Michigan's Arab-American and Muslim communities have been targeted for investigation as a possible terrorist recruitment ground. The ACLU labels such practice as "racial profiling on an industrial scale" and is calling for Attorney General Eric Holder to put an end to this practice.

If you feel you have been targeted unfairly by police, or have been improperly detained for investigation into an alleged crime, it is important to obtain the help of an aggressive Michigan criminal defense attorney at once to challenge law enforcement's authority and protect your constitutional rights. Under the constitution, the 4th amendment prohibits police officers or other law enforcement from stopping a person without evidence they were involved in a crime.

The lack of a valid reason for stopping an individual may serve as a defense - including as a DUI defense or drug possession defense.

The ACLU notes, "Today the FBI is engaged in unconstitutional and crude stereotyping, attributing certain types of crimes to entire racial and ethnic communities around the country. It is then collecting racial and ethnic information to "map" those communities on the basis of race, ethnicity, religion, and national origin. Sweeping away protections that have been in place since the 1970s, new, permissive regulations also allow the FBI to spy on innocent Americans and peaceful groups with little or no suspicion of wrongdoing."

Continue reading "ACLU Alleges Widespread Racial Profiling In Michigan In Violation Of Constitution" »

According to the Flint Journal, Genesee County Sheriff Robert Pickell has recently announced a controversial new plan to deter drug usage. Pickell's plan includes setting up signs that warn drivers of a "sheriff's narcotic checkpoint." However, in Indianapolis v. Edmund, the Supreme Court ruled that drug roadblocks are unconstitutional.

If you have been stopped at a drug checkpoint or are facing drug charges based on evidence from a police search, it is important to contact an experienced Michigan criminal defense attorney. Rules concerning the conditions under which you may be searched and what constitutes an invasion of privacy are very specific. If police fail to follow proper procedures it is possible to challenge the search, often leading to charges being reduced or even dropped.

In Edmund, the City of Indianapolis used drug roadblocks to examine motorists for signs of drug usage, including the use of drug sniffing dogs. After review, the Court determined that the random drug searches at highway checkpoints were a violation of Americans' right to privacy. In a 6-3 decision, the Court determined that the police use of roadblocks and random stop in an effort to stop the flow of illegal drugs through Indianapolis was unconstitutional because it violated Fourth Amendment protections against unreasonable search and seizures.

The Court further determined that the severity of a drug problem in some city neighborhoods did not justify the searches, leading to far more innocent motorists being stopped than criminals.

Despite the clear ruling that such drug checkpoints are unconstitutional, the Genesee County Sheriff's Department has been using checkpoint warnings for the last few weeks. According to reports although the Undersheriff would not provide specific details about the plan, he asserts, "what is being done is within the law."

A spokesperson from the American Civil Liberties Union (ACLU) disagrees, noting that they are deeply troubled with the tactic, stating that they believe the Genesee's County Sheriff's Department was taking "a backdoor approach to violating people's rights." "Police need probable cause to search a vehicle for drugs and 'turning away' from a reported checkpoint 'doesn't give police the probable cause."

Continue reading "Genesee County Sheriff Reveals Plan To Use Drug Checkpoints Warnings To Stop Vehicles Despite Unconstitutionality Of Drug Roadblocks Determined In City of Indianapolis v. Edmond " »

A recent 6th Circuit Court of Appeals case, United States v. Johnson, evaluated police officers' conduct when they conducted a "knock and talk" at a residence owned by the defendant's mother-in-law. An anonymous caller told the police that the residents were in possession of marijuana and had a firearm. When a crime is committed in Michigan and the accused has a firearm, sentencing guidelines call for a two-year sentence at a minimum - in addition to any sentence associated with the underlying crime. If you face such charges, an experienced Michigan criminal defense firm can help prepare a compelling defense.

Here, the police went to the house and one of the residents opened the door. Although two women who lived at the home consented to a search, the defendant objected. One of the detectives then began to search the bedroom where the woman and the defendant stayed. Police officers discovered counterfeit money, 100 grams of marijuana, digital scales, computer equipment, media storage devices and a handgun.

If you are facing any Michigan criminal charges including drug crimes, fraud or weapons charges, it is important to speak to an aggressive Michigan criminal lawyer immediately to begin preparing your defense. In many situations, errors in police conduct may provide a defense to the charges.

Here a grand jury indicted defendant on charges of aggravated identity theft, possessing counterfeit securities and producing and possessing false identification documents. The defendant pled guilty but reserved the right to appeal his motion to suppress. A motion to suppress is used to challenge evidence obtained by law enforcement - it is often used when police officers violate an individual's constitutional right to be free from unreasonable searches and seizures. A knowledgeable Michigan criminal defense attorney can determine whether it may be possible to file a motion to suppress in your case.

On appeal, the court determined that the defendant had a reasonable expectation of privacy in his bedroom and had objected to police searching his bedroom. As a result, the court found the search was unreasonable and the defendant's motion to suppress the evidence should have been granted.

Continue reading "6th Circuit Reverses Prison Sentence In United States v. Johnson Finding That Defendant Had Reasonable Expectation of Privacy in Bedroom" »

In a case involving an Isabella County medical marijuana dispensary, the Michigan Court of Appeals determined that operating dispensaries are both a "public nuisance" and "illegal." The Detroit Free Press reports that the Court of Appeals issued an opinion today providing that a Mount Pleasant dispensary - Compassionate Apothecary (CA) - could be shut down based on the fact that it sells marijuana to other apothecaries.

The Michigan Medical Marijuana Act (MMMA) law is complex. If you are a registered medical marijuana user or distributor or have questions regarding how its provisions may affect you, its important to speak to a knowledgeable Michigan medical marijuana attorney.

Even though medical marijuana is legal, significant restrictions are placed on its use and distribution. Under the MMMA, the amount of pot registered users and licensed caregivers may grow treat medical condition is limited. If a person grows, possesses or distributes more than the allotted amount, they may face serious felony charges. Depending on the circumstances, if you are found in possession of marijuana you may be charged with drug possession, drug distribution or even drug trafficking despite the fact that the drugs were intended for your own medicinal purposes and even though you never planned to give them to anyone else.

If convicted, you may face prison time and fines. In some instances, you may even face a civil forfeiture - where the state may seize personal assets such as your car - if they believe if was purchased with the proceeds of your pot sales.

An aggressive Michigan drug crime attorney can fight to defend your rights and keep you out of jail and recover any property taken away by law enforcement.

Here, the dispensary allowed registered medical marijuana users and caregivers to sell to each other. The lower court determined that it was legal under the MMMA for patients to transfers pot from patient to patient. However, on appeal the court determined that no provision of the MMMA permits patient-to-patient sales of marijuana, and as a result, Compassionate Apothecary didn't have the authority to sell pot to different apothecary members. The appeals court determined that the lower court had erred in finding that dispensaries merely "facilitate its storage." Specifically, the court held that "medical use" of marijuana does not include selling it.

Continue reading "Michigan Court of Appeals Rules Medical Marijuana Dispensaries Illegal In State of Michigan v. Compassionate Apothecary" »

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 " »

According to the Oakland County Daily Tribune, an Oakland County Jury has convicted a 70-year-old Lake Orion woman for growing marijuana in her house. Barbara Argo now faces up to 4-years in jail on charges of manufacturing/delivering marijuana.

If you are faced with any type of drug possession charges, it is important to contact an experienced Michigan drug crimes attorney immediately to begin preparing your defense. Law enforcement takes all drug crimes seriously and often aggressively prosecute drug manufacturing charges, making thorough investigation and vigorous representation by a Michigan drug defense lawyer imperative.

Here, Argo worked at a medical marijuana dispensary. After a raid on the facility, Argo told deputies that she was growing marijuana plants at her house. When law enforcement discovered 19 plants, they arrested her, despite the fact that she is a licensed medical marijuana patient and caregiver.

Placing Argo behind bars would be an unjust result. She does not post any threat to society. She is a patient who was growing drugs for her own medical use - not a dangerous drug trafficker or manufacturer. Michigan passed the Medical Marijuana Act in 2008 with overwhelming support for its citizen to use marijuana for medicinal purposes. Using significant resources to put Argo behind bars is misplaced.

Continue reading "Oakland County Conviction Of Woman For Marijuana Possession Reveals Flaws In Michigan Drug Law" »