+ Reply to Thread
Results 1 to 14 of 14
  1. #1
    WorriedDad111 is offline Junior Member
    Join Date
    Feb 2008
    Posts
    2

    Possession of Controlled Substance

    What is the name of your state? Michigan

    My 21 year old son has been charged in Kalamazoo County, Michigan, with a felony: Possession of a Controlled Substance/Analogue, Statute MCL 333.7402B-A. In April, 2007 the apartment he shared with 3 other college students was raided by police officers with a warrant. Apparently they suspected one of his roommates of drug dealing. My son and this roommate were present at the time. The officers found several drugs and an unregistered handgun in the roommate's bedroom. They asked my son if he had anything illegal in his room. He turned over one capsule of Adderall (no prescription) to an officer. He cooperated with the officers at that time and on subsequent occasions. He found out this week that he is facing the above charge. The roommate has also been charged - not sure of the particulars. My son has contacted the public defender office but has not met with them yet. His preliminary hearing is in 2 weeks. My son had a prior DUI conviction 2 years ago. What is the likely outcome of this case if he pleads guilty? Should he plead guilty? Should he stay with the PD or contact a private attorney? Thanks.
  2. #2
    FlyingRon is offline Senior Member
    Join Date
    Feb 2007
    Posts
    16,043
    You're son is in deep trouble and needs a lawyer. The best one he can get even if it takes your assistance to pay for it.

    No way should he plead guilty to this FELONY.

    I can't find that statute number, but that whole range of statute numbers is in the DRUG MANUFACTURE / DISTRIBUTION section. But if I map things right, the statute is MCL 333.7402 (2)(a).

    The statue that he is charged with is POSSESSION WITH INTENT TO DELIVER not just simple possession. I would argue seriously that he is not guilty if all he had was a single illicit adderal for his own use.

    The possible outcome is a $10,000 and ten years in prison.
    A DUI is a cakewalk compared to a felony drug conviction.

    I would strongly recommend a lawyer at the preliminary hearing. Prelims are the time for supression and arguing the applicability of charges, and waiting until then to meet a lawyer is a disadvantage.

    I don't know what you mean by "raid" but showing up on probably cause is going to be hard to challenge, since your son volunteered the information (and hadn't yet been arrested) and has subsequently given self-incriminating testimony to the police will make the evidence hard to supress.
    Last edited by FlyingRon; 02-14-2008 at 08:24 AM.
  3. #3
    WorriedDad111 is offline Junior Member
    Join Date
    Feb 2008
    Posts
    2
    FlyingRon - Thanks for the advice. We're going to contact a regular attorney in the area tomorrow.

    My son did speak with the Public Defender on the phone today - however she had not yet obtained the information on his case, and said she would not be available to meet with him or speak to the prosecutor until next Friday at the soonest, or possibly not even until the morning of the pre-exam which is the following Tuesday. He said the PD mentioned the possibility of attending "Drug Court" which would result in an 18 month probation. At this point, we do not have a high level of confidence in the PD's sense of urgency in this matter.

    I advised my son to go to the courthouse to try to get a copy of the police report on his own tomorrow. I would like to know exactly what the police report says and whether this is really about the one Adderall pill, or whether he's being lumped in with the charges against his former roommate. Is this advisable or possible for him to obtain the police report on his own?

    I feel that we are in the dark in terms of information because the only paperwork he's been given so far has been the bond notice (which was a waived personal recognizance bond) and some other papers related to the bond. That's the only document that indicated the charge and the MCL number (Possession of a Controlled Substance/Analogue, Statute MCL 333.7402B-A). I'm pretty sure it wasn't the MCL 333.7402 (2)(a) that FlyingRon indicated. The following link seems to point to the right section - but (obviously) I'm not a lawyer and I had difficulty finding the exact reference in that section. However, as near as I can tell the minimum penalty listed there is 2 years and $2000. Which is pretty bad for possession of one pill.

    [url]http://www.legislature.mi.gov/(S(yix2y230grc1up55ijcumeqe))/mileg.aspx?page=getObject&objectName=mcl-333-7403[/url]

    I guess I'm astounded at the severity of the penalty for possession of one pill of a medication commonly prescribed to children, if this is truly what he's being charged with. Not that I condone it by any means. However, it seems like it would be a fairly common situation with the availability of this type of drug. Has anyone else been through a similar experience and if so what was the outcome? Thanks.
  4. #4
    quincy is offline Senior Member
    Join Date
    Jan 2007
    Location
    Michigan
    Posts
    11,350
    There does not appear to be a MCL 333.7402B-A, however Section 333.7402, as Ron stated, is: Creating, manufacturing, delivering, or possessing with intent to deliver counterfeit substance or controlled substance analogue intended for human consumption.

    A person who violates this section has committed a felony, with penalties of 2 years in jail and/or $2000 for a Schedule 5 substance; 4 years in jail and/or $2000 for a Schedule 4 substance; 5 years and/or $5000 for a Schedule 1 or 2 or 3 substance; and 10 years in jail and/or $10,000 for a Schedule 1 or 2 substance. Possession of a controlled substance analogue has a penalty of up to 15 years in jail and/or $250,000.

    Adderall is a Schedule 2 substance. Possession of Adderall without a prescription is a felony. It is an addictive and often-abused drug, and there is a market for it - primarily in high schools and on college campuses. If taken by the wrong person, it can be extremely dangerous.

    I think your son will be lucky if what the Public Defender said is right about Drug Court and an 18 month probation, especially with his previous DUI. Michigan is fairly lenient when it comes to first-time offenses with marijuana, especially on Michigan campuses, but alcohol and other drugs - not so much.
  5. #5
    FlyingRon is offline Senior Member
    Join Date
    Feb 2007
    Posts
    16,043
    Quote Originally Posted by quincy View Post
    Adderall is a Schedule 2 substance.
    Note the 10 year/$10,000 policy under clause (a) applies here. Adderal falls in the category of the enahanced drugs that elevate from the 5/5,000 in (b). (MDMA, Cocaine and derivatives, and amphetamines and their derivatives. Adderal falls in the latter class).
  6. #6
    Open ears is offline Junior Member
    Join Date
    Feb 2008
    Posts
    3

    My opinion...

    Remember, Not only were drugs found in the room, but also a unregistered fire arm. Its obvious your son is being charged with poss, if they were pinning the drugs found in the friends room on your son, he'd also be charged with the firearm. He should plead guilty, he may get leniancy for his cooperation, but a prison sentence for a first time drug offender charged with poss is a long shot
  7. #7
    FlyingRon is offline Senior Member
    Join Date
    Feb 2007
    Posts
    16,043
    Open ears, open your ears. He's not charged with simple possession. He's charged with distribution of a scheduled drug specifically called out for enhanced penalty. Jail is QUITE likely.
  8. #8
    Open ears is offline Junior Member
    Join Date
    Feb 2008
    Posts
    3

    FlyingRon

    Theres confusion as to what hes charged with from my understanding, the father believes its poss, I agree, one pill hardly constitutes intent to sell. His roomate had the quantity required for poss w/ intent, if his son was charged with his roomates drugs, he would have been charged with the weapon to. Thats a fact. The gun and drugs his roomate had was not in his sons poss or his living area, makes sense that he would only be charged with what he had in his poss, the one pill. Thats not poss w/ intent in any state as far as I know.
  9. #9
    dave33 is offline Senior Member
    Join Date
    Aug 2009
    Location
    East Coast
    Posts
    1,703
    sdffefefgegegg
  10. #10
    dave33 is offline Senior Member
    Join Date
    Aug 2009
    Location
    East Coast
    Posts
    1,703
    From what i gather, sounds like typical police misconduct. 1st i have to say absolutely get a lawyer. Im not sure about the particular statute your son has been charged with,but charging him with intent even though it clearly wasnt is how a corrupt officer operates.Let me explain clearly. The charging of intent to deliver will give the states attorney a more powerful bargaining position. Lets say for example the intent statute carries 5-10, while simple possession carries only 2. When this goes to court the prosecutor will say, ill drop the intent if you plead guilty to possession.So, basically do you want to chance lets say the slight chance of being found guilty of intent,maybe serving 2 years with 3-5 years of probation after release or pleading guilty of possession with just probation. In my opinion extorting a guilty plea. So again get a lawyer. Hopefully they will keep your son from being any more of a victim. You need a junkyard dog thatll call a spade a spade.FIGHT,FIGHT,FIGHT goodluck
  11. #11
    FlyingRon is offline Senior Member
    Join Date
    Feb 2007
    Posts
    16,043
    It's seems unlikely that your advice is going to be much good seeing how you are responding to an 18 month old thread.
  12. #12
    dave33 is offline Senior Member
    Join Date
    Aug 2009
    Location
    East Coast
    Posts
    1,703
    well,as you can plainly see by the number of posts, i am new to this form of communication. I admit i didnt realize the age of the original question. As far as "dumb" goes what exactly are you talking about?Are you a prosecutor or former police police officer?If thats the best you got cheek it!
  13. #13
    FlyingRon is offline Senior Member
    Join Date
    Feb 2007
    Posts
    16,043
    The things below the long line in peoples posts are "signature lines," frequently quips or other brief sayings and not a comment on particular posts.

Similar Threads

  1. Possession of controlled substance
    By cindymagee in forum Drug Charges
    Replies: 1
    Last Post: 12-14-2008, 12:33 PM
  2. Possession of a controlled substance
    By zigglywiggly in forum Drug Charges
    Replies: 2
    Last Post: 10-08-2006, 09:44 PM
  3. Possession of a controlled substance in OR?
    By Lisajane in forum Drug Charges
    Replies: 1
    Last Post: 09-17-2005, 12:35 AM
  4. possession of controlled substance
    By sampoerna in forum Other Crimes Federal and State
    Replies: 1
    Last Post: 10-15-2000, 01:56 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.