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If you are facing a Michigan drug distribution charge, it is commonly believed that drug distribution involves lots of adjunct crimes. This means that you will likely be facing allegations of possession of drugs, the intent to deliver, as well as any the other crimes believed to occur because of the drug dealing enterprise, such as theft , breaking and entering, prostitution, and assault.
Aggravating factors that increase the severity of a drug distribution charge includes:
- If somebody has been harmed in the process
- An accompanying theft or assault charge
- The amount of the drugs that are possessed
- The circumstances under which they are possessed
- The type of drug that is possessed
If you are facing these kinds of charges, it is vital to contact a Michigan drug distribution lawyer so they can begin building a robust defense right away. Your best chance for freedom lies in obtaining early legal representation.Focus of Law Enforcement
The law enforcement in Michigan is becoming more aware of drug distribution in the area and are attempting to crack down on as it relates to certain types of drugs. Currently, there is an epidemic of heroin and opiate youth addiction, particularly in the suburbs and rural areas, so there is a particular focus on distribution of heroin and opiates.
Additionally, drugs are commonly brought to and sold in the Upper Peninsula because the amount of money that they can obtain for the drugs up there is significantly greater than it is for the sale of those same drugs in the larger cities.Constitutional Defenses
The right to remain silent, right of protection from self-incrimination, double jeopardy, and search and seizure laws as they are protected by the Fourth, Fifth, Sixth and Eighth Amendments of the Constitution. AS such, any violations of these can be a powerful defense for a Michigan drug distribution lawyer to use.Potential Distribution Evidence
In addition to the drug itself, which is really the corpus of the crime, the police will use anything that is attached to or that gives meaning to the distribution charge. This could include anything that is necessary for or could be used for the distribution of the drug.
For example, substances that are used to cut the drug, like cocaine, would be used as evidence. If the defendant is found to have the substances that are used to cut the drug, paraphernalia, scales, any types of measuring devices, packaging devices, and then communication devices, these could be used as evidence.
Finally, cash or evidence of bartering such as valuable items that appear to be traded for the drugs might be used as evidence in a trial. Your Michigan drug distribution lawyer can help build a defense against each of theseHighly Contested Elements of the Crime
Because the police usually use circumstantial evidence and then draw conclusions from it, the biggest item of contention your drug distribution defense attorney in Michigan would bring forward is the conclusions that are drawn from the evidence. They will likely challenge the assumptions or the conclusions that the police officer draws because, sometimes, common household items such as sandwich bags or aluminum foil can be called packaging equipment.
Conclusions drawn because of perceived drug lingo would be challenged to question if it refers to drugs at all, or if in the context of the statement it was being used to refer to drugs. Because distribution cases involve so much circumstantial evidence, the credibility of the police officer is pretty much a factor and can very often be called into question.
Sometimes things like amount or weight can be contested as well. For example, with marijuana, should it be weighted wet or dry, with or without stems and seeds, etc. The same type of analysis might apply to other drugs.Important Qualities of a Lawyer
When a person is looking for the right Michigan drug distribution defense attorney, they should consider:
- Experience with drug crimes
- Knowledge of the courts and the court system
- Knowledge of the law and of the types of substances
- Common tactics of the prosecution
- Common sentencing approach
It is also a good idea to find and hire a lawyer with a good science background so he or she can properly handle the scientific evidence, such as the drug test report or toxicology report.