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This article provides essential guidance on navigating the aftermath of a drug possession arrest in Michigan. It covers:
If you’re arrested, especially for drug-related offenses, the most important thing to remember is to stay silent. You won’t be able to talk your way out of things, and anything you say can be used against you.
Law enforcement officers are highly trained in various interrogation tactics. Combine this with how easy it is to make a statement that might seem harmless but could incriminate you under the stress of an arrest, and you’ll quickly see why you need to be proactive about staying quiet. This doesn’t just apply to confessions; simple admissions like acknowledging that a certain room in a house is yours can be damaging later in your case.
To protect yourself during an interrogation, immediately request an attorney and avoid answering any questions until you have legal representation. Staying silent will prevent you from unintentionally providing information that could destroy your case later on.
If you believe your arrest was unlawful, it’s critical for you to remain calm and cooperative. Even if you think the arrest is unjust, do not resist, run from, or physically confront the officers. Instead, provide your identification and comply with the booking process – but refrain from making any statements beyond identifying yourself.
Law enforcement officers need either a warrant or probable cause to arrest you, meaning they must have a reasonable belief that a crime has been committed and you were involved in it. If you believe there was no valid cause for your arrest, your attorney can file a motion challenging its legality.
The key issue with an unlawful arrest often arises when incriminating statements are made during custody. If the arrest was found to be unlawful, these statements may be excluded from evidence.
However, you must remember that legal challenges should be addressed through the appropriate channels, with your attorney handling the investigation and filing motions. For your own protection, it’s imperative to cooperate during the arrest and consult a lawyer as soon as possible.
In Oakland County, after an arrest, individuals go through a booking process that involves being photographed, fingerprinted, and formally processed by local law enforcement. Since most cities in the county don’t have their own detention centers, suspects are usually transported to the Oakland County Jail following this initial processing.
If the police intend to interrogate you while you’re in custody, they are required to read you your Miranda rights beforehand. If they fail to do so, any statements made during questioning may be suppressed in court. To protect yourself, clearly and directly request an attorney if you are questioned. Vague or unclear statements may not be taken as a formal request, so it’s essential to be as direct as possible.
After booking, suspects are either released with a scheduled court date or held in jail until their arraignment, which typically occurs within 24 to 48 hours of arrest (except on weekends). If this 48-hour window is missed, any statements made after that period may be suppressed, although this is generally the only real consequence. At the arraignment, bond is set, and if able, the suspect may post bond to secure release while awaiting further court proceedings.
With over two decades of experience defending Michigan clients in criminal cases, Mark Satawa of Satawa Law, PLLC, is a seasoned advocate skilled in guiding individuals through challenging legal circumstances. He has successfully assisted countless clients in protecting their rights during arrests, particularly in drug-related cases, helping them avoid self-incrimination and ensuring fair treatment under the law. His approach includes advising on vital defense strategies and advocating for favorable bail terms.
If you’re facing arrest and need immediate, experienced legal guidance, contact Satawa Law, PLLC, today to safeguard your future.
In Michigan, you can get released on bail for a drug possession charge. In fact, the court is required to set a bond for almost all charges, including drug possession. Only very serious charges, such as first-degree murder or treason, allow the court to deny bond, remand the defendant, and order a defendant to be held in custody.
For drug possession cases, as is the case for nearly every criminal case, there are typically three types of bonds:
Cash/Surety Bond
If the bond is set at $10,000 cash/surety, the defendant must pay the full amount to be released, or use a bail bondsman (surety) to post the bond in exchange for a fee —usually 10%, which in this case would be $1,000. The bail bondsman may require collateral of the bond ($10,000) to ensure they recover their money if the defendant fails to appear in court.
10% Bond
In this case, if the bond was set at $10,000/10%, the defendant would need to pay 10% of the bond amount to the court— $1,000 on a $10,000 bond, for example. If the defendant fails to appear, they owe the court the full $10,000.
Personal Bond
If the bond is set at $10,000 personal, the defendant is released without needing to pay upfront. However, if they fail to appear in court, they owe the court the full bond amount.
Given the current trend of drug law reforms and the availability of drug courts, many people charged with drug possession in Michigan receive fairly affordable bonds, often personal bonds or 10% bonds.
You can and should request an attorney as soon as you’re arrested for drug possession, and it’s vital you ask for one immediately to protect your rights. Anything you say after being arrested, no matter how small or seemingly innocent, can be used against you as an admission.
An attorney can help you in several important ways:
Act As A Buffer
Once you have legal representation, your attorney will communicate on your behalf. Anything they say is not admissible in court, unlike statements you make yourself. This helps prevent self-incrimination and ensures that your rights are protected.
Faster Arraignment
An attorney can expedite the arraignment process, where bond is set. Without legal representation, delays are more common, but with a lawyer, you are more likely to get through the system promptly.
Bond Advocacy
At the arraignment, your lawyer can argue for an affordable bond, like a personal bond or a 10% bond, helping to secure your release without unnecessary financial strain.
Negotiation With Police And Prosecution
Attorneys can engage with law enforcement and the prosecution to advocate for reduced charges or even dismissal of charges altogether. They can present mitigating factors, which may influence charging decisions.
Still Have Questions? Ready To Get Started?
For more information on Drug Possession Charges In Oakland County, Michigan, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (248) 509-0056 today.
With over two decades of experience defending Michigan clients in criminal cases, Mark Satawa of Satawa Law, PLLC, is a seasoned advocate skilled in guiding individuals through challenging legal circumstances. He has successfully assisted countless clients in protecting their rights during arrests, particularly in drug-related cases, helping them avoid self-incrimination and ensuring fair treatment under the law. His approach includes advising on vital defense strategies and advocating for favorable bail terms.
If you’re facing arrest and need immediate, experienced legal guidance, contact Satawa Law, PLLC, today to safeguard your future.