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Many myths about drug crime penalties persist, and these misconceptions can lead to serious missteps for those facing charges. This article sheds light on some of the most common misunderstandings, helping Oakland County residents make informed choices and understand the real consequences of drug-related offenses.
In this article, you’ll find insights on:
Although first-time offenders typically receive lighter sentences than repeat offenders, actual sentencing depends on several factors. These include:
Some courts in Oakland County have been known to impose jail or even prison time for first-time offenders. The penalties can range from several days in county jail, to serious prison time. Other potential penalties include probation and, in more serious cases, even state prison time. So, while first-time offenders generally fare better, harsh penalties are still possible depending on the circumstances.
Marijuana is recreationally legal in Michigan, but there are still circumstances under which medical marijuana users, as well as recreational users, can face drug-related charges. The legalization of marijuana doesn’t eliminate the possibility of legal consequences, especially in cases involving driving under the influence, public usage, or federal law, which still prohibits marijuana possession and use.
On top of this, probation officers, prosecutors, and even judges may still hold biases against marijuana use, which can negatively impact a person’s legal standing in some cases. Additionally, crossing state lines with marijuana or traveling through states where it’s not legal can lead to criminal charges.
Paying a fine is not typically a way to avoid jail time in Michigan. Fines and court costs are a common part of most probation-based sentences, but they are not seen as a substitute for jail time.
Courts view jail sentences as a separate issue from fines, and thus, fines are not used to replace incarceration. This is, in part, because relying on fines as a way to avoid jail could disproportionately impact lower-income defendants and marginalized communities.
Sharing drugs can lead to drug trafficking charges. In Michigan, the legal definition of drug trafficking includes not only selling drugs but also sharing them, even if money isn’t involved. This is particularly common in environments like concerts, music festivals, and other large gatherings – where law enforcement is more focused on cracking down on drug-related activity.
While you might not face charges for sharing drugs in a private setting, doing so at public events increases the risk of being arrested and prosecuted for drug trafficking, since sharing is legally considered distribution under Michigan law.
Drugs like cocaine, heroin, and meth are typically seen as hard drugs, but technically, the law treats many other substances, such as ecstasy, LSD, and mushrooms, just as seriously in some cases. Although society’s view on these drugs may be evolving, Michigan law still imposes significant penalties for possessing or distributing them.
For example, even so-called recreational drugs can lead to probation, mandatory drug testing, or even jail time, depending on the circumstances. In more severe cases, such as when larger quantities are involved, state prison time can be a possibility, making it clear that serious penalties aren’t limited to just hard drugs.
You can’t completely avoid penalties for drug possession in Michigan, but you may be able to avoid a criminal record through Michigan’s 7411 diversion program. Under MCL 333.7411, if you’re a first-time offender and meet the program’s requirements, you could complete probation and avoid a conviction.
However, this doesn’t mean there are no penalties. You’ll still need to:
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For more information on Drug-Related Charges In Oakland County, MI, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (248) 509-0056 today.