Felony possession/heroin. extraordinary situation.

[awegrzyniak]

I currently reside in the state of Florida, and I work(ed) in aviation up here in Detroit for the last year. On memorial day weekend I decided to go a few hours north to go turkey hunting (Michigan). The afternoon of the first day I ran to the store to get cigarettes, I was pulled over for not wearing my seat belt. the state trooper claimed he smelled the odor of "smoked marijuana" and saw that I had my compound bow laying on the backseat. He asked me to step out of my truck and asked if he searched, if he was gonna find anything.. I told him about my marijuana pipe I had and the small EMPTY container I occasionally keep my medicine in (too all of my knowledge, that was all I had). It wasn't until he began searching my wallet and pulled out a small folded up index card that I had remembered stashing the dope there a few weekends before while I was drinking with some friends. I am by no means a heroin addict, I tried it once the night Im referring to and to be honest.. I didn't even know it was heroin until I was being booked. I was told by my (so called) friends that it was coke. He never showed me how much there was, but if I remember correctly, it was a miniscule amount. In the police report he stated it was 1.43 grams including packaging (a folded up index card), but the weight of a 3"x5" index card is approximately 1.5 grams. He also stated in the police report that even after making contact with me, I still wasn't wearing my seat belt. Which I had put on seconds before he lit me up. While I was in County jail I never.went through withdrawals or detox (I believe they expected me to because they kept me a holding cell for two days. On the morning of the third day, I was told my bail was $15,000 no cash or surety... I cringed at the thought of not being able to bond out and losing my job because of it. There was no way I could come up with $15,000. It wasn't until ten o'clock that evening that they apologized for giving me the wrong information and that my bail in fact WAS cash or surety... Allowing me to work with a bondsman and bail myself out, which I did the next morning. Well because of disqualifying pending charges, I was forced to turn my airport authority badge over and lost my job. The company I was working for put us up in a hotel and flew us home once a month. Now that I've lost my job, I've lost my place to stay. I'm living out of my car because I can't go home to Florida (against conditions of bail). I've used the last of my savings to hire a lawyer but he just tells me it's a tough case and it doesn't look good. But.. I'm being charged with heroin residue on an index card, and a small flake of weed that he found on my floor? He also charged me with misdemeanor unlawful carry of a strung bow, and misdemeanor unlawful carry of a shotgun (unloaded). He even got me for the seat belt... Is this truly a "tough case"? I have a few driving charges and one prior possession of marijuana back in 2008 when I graduated high schoo, but nothing since then and absolutely nothing of this magnitude. If anyone could give their honest opinion on this, I'd greatly appreciate it. Thanks in advance!

 

[CdwJava]

First thing to do is to talk with an attorney. The state might agree to drop the other charges and allow you to plead to the dope and enter a diversion program. That way you can minimize the harm done by a conviction, and may even be able to get the matter dismissed some time down the road if you remain clean and sober and complete a treatment program.

 

[awegrzyniak]

if that was the case, would the felony still be on my record? Working in aviation, any felony will surely end my career. I've already obtained and spoken to a lawyer, but he just tells me the evidence is there and Im probably gonna have to do jail time. He calls it a "tough case". Thanks again for your help!

 

[Silverplum]

if that was the case, would the felony still be on my record? Working in aviation, any felony will surely end my career. I've already obtained and spoken to a lawyer, but he just tells me the evidence is there and Im probably gonna have to do jail time. He calls it a "tough case". Thanks again for your help!

Your attorney knows your case and the local courts. If he said it's a tough case, I'd tend to believe him.

 

[Ohiogal]

if that was the case, would the felony still be on my record? Working in aviation, any felony will surely end my career. I've already obtained and spoken to a lawyer, but he just tells me the evidence is there and Im probably gonna have to do jail time. He calls it a "tough case". Thanks again for your help!

Quite frankly, you shouldn't have used heroin.
The courts in which I work (IN OHIO) have taken a three prong approach to those who have used heroin. In other words, there are three outcomes:
1) Death;
2) Prison;
3) Intensive rehab.

You admit you used heroin. You are a fricking idiot. Heroin is addictive from the FIRST usage. You can hope for a diversion program (in Ohio, for instance, we have intervention in lieu -- you plead to a felony BUT if you successfully complete rehab the charge is dismissed. If you don't, you serve your time.) Maybe you have that option. But who wants a druggie flying the plane they are in? Pretty much no one.

 

[Ohiogal]

I currently reside in the state of Florida, and I work(ed) in aviation up here in Detroit for the last year. On memorial day weekend I decided to go a few hours north to go turkey hunting (Michigan). The afternoon of the first day I ran to the store to get cigarettes, I was pulled over for not wearing my seat belt. the state trooper claimed he smelled the odor of "smoked marijuana" and saw that I had my compound bow laying on the backseat. He asked me to step out of my truck and asked if he searched, if he was gonna find anything.. I told him about my marijuana pipe I had and the small EMPTY container I occasionally keep my medicine in (too all of my knowledge, that was all I had). It wasn't until he began searching my wallet and pulled out a small folded up index card that I had remembered stashing the dope there a few weekends before while I was drinking with some friends. I am by no means a heroin addict, I tried it once the night Im referring to and to be honest.. I didn't even know it was heroin until I was being booked. I was told by my (so called) friends that it was coke. He never showed me how much there was, but if I remember correctly, it was a miniscule amount. In the police report he stated it was 1.43 grams including packaging (a folded up index card), but the weight of a 3"x5" index card is approximately 1.5 grams. He also stated in the police report that even after making contact with me, I still wasn't wearing my seat belt. Which I had put on seconds before he lit me up. While I was in County jail I never.went through withdrawals or detox (I believe they expected me to because they kept me a holding cell for two days. On the morning of the third day, I was told my bail was $15,000 no cash or surety... I cringed at the thought of not being able to bond out and losing my job because of it. There was no way I could come up with $15,000. It wasn't until ten o'clock that evening that they apologized for giving me the wrong information and that my bail in fact WAS cash or surety... Allowing me to work with a bondsman and bail myself out, which I did the next morning. Well because of disqualifying pending charges, I was forced to turn my airport authority badge over and lost my job. The company I was working for put us up in a hotel and flew us home once a month. Now that I've lost my job, I've lost my place to stay. I'm living out of my car because I can't go home to Florida (against conditions of bail). I've used the last of my savings to hire a lawyer but he just tells me it's a tough case and it doesn't look good. But.. I'm being charged with heroin residue on an index card, and a small flake of weed that he found on my floor? He also charged me with misdemeanor unlawful carry of a strung bow, and misdemeanor unlawful carry of a shotgun (unloaded). He even got me for the seat belt... Is this truly a "tough case"? I have a few driving charges and one prior possession of marijuana back in 2008 when I graduated high schoo, but nothing since then and absolutely nothing of this magnitude. If anyone could give their honest opinion on this, I'd greatly appreciate it. Thanks in advance!

Q4P. Oh but note OP doesn't deny using heroin. He doesn't think it is a big deal. In fact he shrugs it off as cocaine. Moron. Druggie. He should NOT be working at an airport (or flying planes) responsible for others' safety. If you OP don't realize why you don't deserve to have your job, you need more help than a forum like this can give you.

 

[awegrzyniak]

you can't be serious... You might've read the initial post, but did you understand a single word of it? Number one, I didn't "shrug it off as cocaine" I understand the dangers associated with heroin, had I known what it was.. I wouldn't have touched it in the first place. Second... I work in aviation, that doesn't mean I fly planes. Let me ask you one thing though, do you look onto the drug section of this forum just to deformate the OP's? Have you thought for a single moment that perhaps I admit to making a mistake, and I'm being responsible for my actions? Have you ever thought that maybe.. just maybe, everyone makes a mistake? I completely understand that someone as confident and unintelligent as you, gets off calling someone a "druggie" or a "moron" online on a legal advice forum... You have literally gone to the one place on the Internet that people are being honest about their issues, asking for help/advice. Just to put your arrogant two-cents in. Get a life.

 

[awegrzyniak]

in fact, after looking over your profile... 52,000 posts, and the first 8 I read were very rude and condescending. It's an honest surprise that no ones reported you. Ohiogal, you truly are the epitome of a cyber bully.

 

[CdwJava]

you can't be serious... You might've read the initial post, but did you understand a single word of it? Number one, I didn't "shrug it off as cocaine" I understand the dangers associated with heroin, had I known what it was..

But, you somehow thought cocaine would be okay?!?!

Heroin, bad ... cocaine, good ... hmmm ... I don't see that as being any better.

Let me ask you one thing though, do you look onto the drug section of this forum just to deformate the OP's? Have you thought for a single moment that perhaps I admit to making a mistake, and I'm being responsible for my actions? Have you ever thought that maybe.. just maybe, everyone makes a mistake? I completely understand that someone as confident and unintelligent as you, gets off calling someone a "druggie" or a "moron" online on a legal advice forum... You have literally gone to the one place on the Internet that people are being honest about their issues, asking for help/advice. Just to put your arrogant two-cents in. Get a life.

Wow ... YOU commit a crime - and clearly not for the first time - and are upset at being called on it??? Be ready, because the courts are NOT going to be even that gentle!

You will almost certainly be charged with, and likely convicted of, a felony before you can proceed into treatment with an eye towards a dismissal in a few years. Whether MI will allow you to enter diversion with the charges you face, I can't say. You really need to speak with an attorney ASAP. You might also consider getting into a program of some kind now because getting ahead of the ball might help you later on.

 

[justalayman]

. Get a life.

I suspect you won't have one for awhile. The usual "7411" deferral does not seem available and I cannot find any other deferral available.

I think this is the proper section for the heroin possession.

(v) Which is in an amount less than 25 grams of any mixture containing that substance is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $25,000.00, or both.

the marijuana, or in Michigan, marihuana:

(d) Marihuana is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00, or both.

. In the police report he stated it was 1.43 grams including packaging (a folded up index card), but the weight of a 3"x5" index card is approximately 1.5 grams

Now, that's one thing I would never know or need to know; how much an index card weighs. Is that something that regular drug users are aware of?

While I was in County jail I never.went through withdrawals or detox (I believe they expected me to because they kept me a holding cell for two days

sometimes you just set. Doesn't mean they were expecting anything from you. It is more likely they were awaiting the results of tests on the drugs or due to the time you came in you missed court one day and the judge may not have been on the bench the following day. Hard to say but there is no reason to believe it was so they could see it you were going to go through withdrawal. Since you were in jail, it doesn't matter if you were in holding or in a cell; they could watch you.

.

It wasn't until ten o'clock that evening that they apologized for giving me the wrong information and that my bail in fact WAS cash or surety

they apologized? Extremely unusual. but when you were arraigned, what did the judge tell you? that's the guy that makes the decisions on it.

. Is this truly a "tough case"?

if the stop and the search are clean, yes, it is a tough case. What defense is there? None. That is why it is tough.

 

[quincy]

you can't be serious... You might've read the initial post, but did you understand a single word of it? Number one, I didn't "shrug it off as cocaine" I understand the dangers associated with heroin, had I known what it was.. I wouldn't have touched it in the first place. Second... I work in aviation, that doesn't mean I fly planes. Let me ask you one thing though, do you look onto the drug section of this forum just to deformate the OP's? Have you thought for a single moment that perhaps I admit to making a mistake, and I'm being responsible for my actions? Have you ever thought that maybe.. just maybe, everyone makes a mistake? I completely understand that someone as confident and unintelligent as you, gets off calling someone a "druggie" or a "moron" online on a legal advice forum... You have literally gone to the one place on the Internet that people are being honest about their issues, asking for help/advice. Just to put your arrogant two-cents in. Get a life.

You have an attorney and you will have to rely on his advice and direction. I hope for your sake your attorney is good, the prosecutor willing to bargain, and the judge kind.

You say you have had in the past a few driving charges and a possession of marijuana charge. Adding to that you now have felony possession of heroin, misdemeanor possession of marijuana, misdemeanor possession of paraphernalia, and bow and shotgun misdemeanor charges. All because you chose, on a holiday weekend with "Click It or Ticket" seatbelt ads airing constantly on radio and TV, not to wear a seatbelt.

Your arrest was not the result of a simple mistake you made, awegrzyniak. It was the result of a whole series of mistakes you made that day. I agree with your attorney that you have a "tough case" and I am sorry none of us here can give you much in the way of positives.

Finally and quite frankly, I do not see that you are in any position to question what is provided by any of the forum members here, especially when you asked for "honest opinions." You got them.

 

[Ohiogal]

you can't be serious... You might've read the initial post, but did you understand a single word of it? Number one, I didn't "shrug it off as cocaine" I understand the dangers associated with heroin, had I known what it was.. I wouldn't have touched it in the first place. Second... I work in aviation, that doesn't mean I fly planes. Let me ask you one thing though, do you look onto the drug section of this forum just to deformate the OP's? Have you thought for a single moment that perhaps I admit to making a mistake, and I'm being responsible for my actions? Have you ever thought that maybe.. just maybe, everyone makes a mistake? I completely understand that someone as confident and unintelligent as you, gets off calling someone a "druggie" or a "moron" online on a legal advice forum... You have literally gone to the one place on the Internet that people are being honest about their issues, asking for help/advice. Just to put your arrogant two-cents in. Get a life.

I have a life and it does not involve using illegal drugs -- be it cocaine or heroin. You acted like an idiot and made moronic choices. You are a druggie because you are out here ADMITTING you used illegal drugs (heroin though you "thought" it was cocaine -- not that that makes much difference).

You want to know how many times my clients have heard the same spiel I just typed out -- except from a judge? Every time they have actually made it to court and been sentenced. Those that haven't heard it? They overdosed because they didn't have a drug problem and everyone was being mean to them. You did shrug it off as cocaine -- reread what you stated.

and pulled out a small folded up index card that I had remembered stashing the dope there a few weekends before while I was drinking with some friends. I am by no means a heroin addict, I tried it once the night Im referring to and to be honest.. I didn't even know it was heroin until I was being booked. I was told by my (so called) friends that it was coke.

You were choosing to take cocaine and didn't know it was heroin. In other words, you want to lessen what you did. You aren't a druggie even though you admit that you have done drugs and have CHOSEN to taken drugs. You want a way out of jail. Fine. You want to kill yourself by continuing to do drugs. That is what will happen eventually.

Someone who is choosing to end their life through drugs is making idiotic moronic choices. They are acting like a fricking idiot and a fricking moron. But carry on. Maybe your pity party will work for others. But I don't believe it. YOu don't want help. You just want to make excuses. As for unintelligent? I am not the one killing brain cells by using cocaine and heroin. You might want to check yourself before you completely wreck yourself.

 

[anearthw]

Yes, this is a "tough case". Be prepared for a conviction and career change. Do you think that all drug addicts shoot heroin on day 1? They get pot convictions in high school, they make friends with "cocaine" users, they try heroin "just once". Then they start losing their jobs... Sound familiar? Yeah, nobody thinks THEY will be stealing DVD players two years down the road. This is how they start.

Hey, maybe this is a blessing. You understand this is your " smarten up" wakeup call right?

There is NOTHING extraordinary here. I have worked with drug addicts, men who stab for $50 debts and women who sell $10 favors. You are at the dtart of that timeline. Typical story.

 

[Ohiogal]

Yes, this is a "tough case". Be prepared for a conviction and career change. Do you think that all drug addicts shoot heroin on day 1? They get pot convictions in high school, they make friends with "cocaine" users, they try heroin "just once". Then they start losing their jobs... Sound familiar? Yeah, nobody thinks THEY will be stealing DVD players two years down the road. This is how they start.

Hey, maybe this is a blessing. You understand this is your " smarten up" wakeup call right?

There is NOTHING extraordinary here. I have worked with drug addicts, men who stab for $50 debts and women who sell $10 favors. Typical story.

I don't think he does. I think he believes he is innocent because he thought it was cocaine and it was his "so-called" friends' faults because they "tricked him" into it. And how dare he have to lose his job... and on and on. But I am mean and bullying him for pointing out that he has issues. I personally think the word "bully" is overused.

 

[OHRoadwarrior]

Possession of heroin being extraordinary is when you had no knowledge of its existence. Not that you were dumb enough to carry it in your wallet for weeks.