Articles Posted in Drug Crimes

Although recreational marijuana use is legal in many states, people can still face criminal charges for selling or distributing marijuana in Michigan. Generally, there are numerous elements the prosecution must prove to establish guilt in a drug trafficking case, including intent. As such, if there is no evidence that a person knowingly moved drugs, a skilled criminal defense attorney may be able to persuade the government to drop any pending charges against the individual.

For example, Ellen K. Michaels of Ellen K. Michaels and Associates, PLLC, recently fought for the dismissal of federal drug smuggling charges against a Canadian trucker where there was no evidence that he knew he was transporting marijuana. Ultimately, Ms. Michaels’ efforts were successful, and the charges were dismissed. If you are accused of committing a drug crime, it is in your best interest to meet with an experienced Michigan criminal defense attorney as soon as possible.

The Government’s Allegations

It is reported that a Canadian trucker was recently stopped and arrested in Detroit after an inspection by Customs and Border Protection revealed there were seven pallets of marijuana in his trailer. Subsequently, federal agents seized more than 2,000 pounds of highly potent marijuana, which has an estimated street value of $3.6 million. The trucker was charged with possession with intent to distribute, a crime that could result in a mandatory minimum prison sentence of five years.

Allegedly, the affidavit against the trucker noted that the quantity of drugs seized was consistent with large-scale smuggling and distribution activities. Further, it stated that the trucker’s arrest was part of a greater drug trend, as parties routinely smuggle Canadian grown marijuana into the United States via commercial trucks and distribute it throughout the northwestern and southeastern parts of the country, where potent marijuana is difficult to obtain. Continue reading

When police suspect anyone of selling drugs, they will usually perform a comprehensive investigation, which may involve obtaining a search warrant for the person’s home or car. In order to obtain a warrant, however, the police must have a reasonable belief that an individual is engaged in illegal activity, and if they do not, the search performed under the warrant could be considered unconstitutional. In a recent Michigan ruling, the court considered what constitutes adequate grounds to issue a warrant in a case where the defendant was charged with multiple drug offenses. If you’ve been charged with a drug crime, it’s a good idea to talk to a reputable Michigan criminal defense attorney about your options.

The Defendant’s Arrest

It is alleged that the police received a search warrant for the defendant’s home and car based on suspicions that he was trafficking drugs. The State charged the defendant with various drug and firearms offenses following the investigation. The defendant then filed a motion to remove the evidence gathered via the search warrant, claiming that it was too broad and lacked sufficient evidence to create probable cause. The motion was granted, and the charges against the defendant were dropped. The State then filed an appeal, claiming that the trial court used the wrong criterion in deciding if the warrant should be issued.

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