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Drug Possession


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Drug Possession Charges in Michigan

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Drug Possession. Understand Your Rights in Michigan.

Generally speaking, in order to understand your rights in a drug case, you should understand your rights in criminal cases, generally.  By definition, drug cases involve the use or possession of a substance, an illegal drug.  That means that the police have some evidence that you used or possessed the illegal drug in question.  In turn, that begs the issue of whether the police obtained that evidence lawfully.  In turn, that will depend on: 1) the lawfulness of "The Stop", meaning the stop by police; 2) the lawfulness of any arrest, search or seizure of evidence (which entails a review of whether there was a warrant for the arrest/seizure, or whether the arrest/seizure falls within one of the recognized exceptions.

Your attorney needs to be able to sift through these issues, to analyze the law and the facts, and most importantly, to protect your rights by filing motions to dismiss, and to suppress evidence at the appropriate time.

Arrested For Drug Possession & Use?

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Drug Possession. Understand Your Rights in Michigan.

Under an April 26, 2018 ruling, Michigan voters will have the opportunity to vote on whether to legalize recreational use of marijuana; this will be on the ballot this coming November (as reported in the Detroit Free Press).. Continue reading.

Increasingly, I am having clients CALLING ME, about their recent drug possession arrests, and ASKING ME about "7411".  I don't have to tell them.  It's out there... Continue reading.

The term, "probable cause", comes right out of the words of the 4th Amendment to our US Constitution, which states as follows:.. Continue reading.

The Client Bill of Rights

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Client Bill of Rights

  1. 100% Client Satisfaction Guarantee
  2. 48-Hour Open Door Policy
  3. The Lawyer You Hire Is The Lawyer Who Works on Your Case
  4. Candid Explanations in Plain Simple English
  5. An Idea Where Your Case is Heading
  6. One-Day Returned Phone Call/E-Mail/Text Policy
  7. Cell Phone Access to Your Lawyer
  8. Constant Immediate Updating
  9. You Have A Right to A Lawyer Who Will Respect Nos. 1-8 Above

Being a client sucks. It is a terrible and anxious experience, and I know, because I am not only a lawyer, but I have been a client before, myself. It can be awful, and the lawyer you hire should not make it worse.

Because different lawyers do different work, the problems that bring you to a lawyer will vary. However, one thing is in common: you have to put yourself and a highly sensitive problem into the hands of another person.  It means that there is a loss of control. A cloud hanging over your head.

Just you hire me to protect your rights, you have rights THAT EVERY LAWYER SHOULD BE WILLING TO PROTECT.  

I AM.

CLIENT BILL OF RIGHTS

1. 100% Client Satisfaction Guarantee

You have a right to be satisfied, and soon, that I am hard at work on your matter, and that your case is not “just another case”, but it is my cause.  I cannot guarantee outcomes of personal injury, criminal, or other court matters.  

However, if you are not completely satisfied within the first 30 days, or before the first Court appearance, whichever is sooner, that I am working hard on your case, then you can come get your file, or I will send it to you, and you can go hire another lawyer. 

YOU HAVE A RIGHT TO BE COMPLETELY SATISFIED THAT I AM WORKING HARD ON YOUR MATTER, AND THAT YOUR CASE IS MY CAUSE.  

2. 48-Hour Open Door Policy

If you feel that you need to sit down with me face-to-face to discuss your case, I WILL CLEAR MY SCHEDULE, SETTING ASIDE TIME TO MEET WITH YOU IN MY OFFICE.  Even if I am in the middle of trial, I will meet with you within 48 hours. 

YOU HAVE A RIGHT TO MEET WITH ME AT MY OFFICE, WITHIN 48 HOURS OF YOUR REQUEST, AND TO EXPECT ME TO CLEAR MY SCHEDULE, TO MAKE THAT HAPPEN.

3. The Lawyer You Hire Is The Lawyer Who Works on Your Case 

When you hire Jon Frank and The Frank Law Firm, PC, you hire Jon Frank.  You will not be shunted off to associates who are off-camera, and whose faces do not appear on websites, or TV advertising.  I am the lawyer who will answer your calls.

YOU HAVE A RIGHT TO EXPECT THAT THE LAWYER YOU THOUGHT YOU WERE GOING TO HIRE, IS THE ONE WHO IS ACTUALLY WORKING ON YOUR CASE.

4. Candid Explanations in Plain Simple English

Personal injury, no-fault, and criminal matters, while commonly settled “out of court”, are ultimately matters decided “in court”, and therefore, no guarantees can be made as to outcome.  Anyone who says otherwise, is not being truthful with you. 

So, too, where you hire me to deed a property into trust, handle a probate matter, or anything else that I might do as your lawyer, there is a process that we must follow, and as the “paying customer”, you are entitled to understand just what that process is.

These are often complex matters that need to be explained to you, by your lawyer.  Not only should your lawyer GLADLY explain the process to you, your lawyer should explain to you, in plain simple English – without formal, condescending “legalese”.

Not every lawyer is willing to give their client a full and candid explanation, for good or ill, and in plain simple English, of just what is going on with their case.

I AM.

THEREFORE, YOU HAVE A RIGHT TO UNDERSTAND WHAT IS GOING ON WITH YOUR CASE, AND TO KEEP ASKING ME TO EXPLAIN IT, UNTIL YOU DO UNDERSTAND. 

Lawyers are paid to provide a service, and should not complain, when their clients ask for the service they have paid for.

5. An Idea Where Your Case is Heading 

As I just mentioned, there is a process that your matter will follow, from start to finish.  One of the biggest causes of client stress, is not knowing just what that process is – ahead of time.  Knowing what road you will be taking, makes the trip easier, not just as a traveler on an Interstate, but also as a client in a legal matter. 

THEREFORE, YOU HAVE A RIGHT TO KNOW IN ADVANCE, WHERE YOUR CASE IS HEADING, AS TO:

6. One-Day Returned Phone Call/E-Mail/Text Policy 

If it is important enough for you to reach out to me, to call, e-mail, or text, it is important enough for me to return the communication, and to do so promptly. 

YOU HAVE A RIGHT TO EXPECT ME WITHIN ONE BUSINESS DAY, TO:

7. Cell Phone Access to Your Lawyer

You have just hired me to help you through one of the most sensitive, gut-wrenching episodes you will ever have in your life, as long as you live. 

One of the deepest expressions of trust, one human being can give another, is to be vulnerable enough to ask for help.  By hiring me as your lawyer, that is what you have done.  Therefore, I make a point of giving my clients my cell phone number, so that they can contact me, day or night, 24/7/365, by phone or text message

While you ARE WELCOME TO MY CELL PHONE NUMBER, I have enabled my land lines, (586) 727-1900 and (877) FRANK-LAW (372-6552) to receive text messages. While I may not always be available to talk, I want to make it easy for you to contact me; if I am not readily available, I will get back to you, often within minutes or hours, but always within one business day.

YOU HAVE A RIGHT TO MY CELL PHONE NUMBER, AND TO HAVE ACCESS TO ME 24/7/365 BY CELL PHONE AND TEXT MESSAGE.  

8. Constant Immediate Updating 

It is bad enough to have to put your life in someone else’s hands.  When you have to put your life into my hands, you have an absolute right to be kept updated as to the progress of your matter.  My policy is to send a copy to you, by email, of all correspondence I send to other people (lawyers, insurance companies, prosecutors, police agencies, etc.).  

Receiving copies by email, will enable you to see what I am doing on your case, as I am doing it.

I will send you email copies, usually by “blind copy”, to protect your email privacy; sometimes, I will forward to you, a previously sent email. If you do not have email, then I will send you copies of outgoing correspondence, by regular mail. 

YOU HAVE AN ABSOLUTE RIGHT TO BE COPIED ON ALL OUTGOING CORRESPONDENCE ON YOUR MATTER, BY E-MAIL, OR BY REGULAR MAIL, WHEN THAT CORRESPONDENCE IS BEING SENT.

9. You Have A Right To A Lawyer Who Will Respect Nos. 1-8 Above 

If you are looking for a lawyer who can help guide you through your injury matter to a great recovery, at the earliest possible time, or someone who can help protect your rights in a drunk driving, or criminal matter, you have a right to a lawyer who will respect these rights you have as a client.

As a client, you should never have to worry or wonder if your lawyer cares about your rights as a client, or whether they respect you as a human being.  You deserve, and have a right to a lawyer, who will do both.

TEXT OR CALL ME, Jon Frank, at 877-FRANK-LAW, or at (586) 727-1900, if you want me to protect your rights as a citizen – and as a client.  You can email me as well, at jon@jonfranklaw.com.  I look forward to hearing from you.

Frequently Asked Drug Possession Questions. Michigan Based Legal Answers.

What is Meant By a "Police Stop"?

One minute, you are free, and the next minute, you are not.  Obviously, the moment the police stop you, is the moment everything changes so the first question, is whether the police stopped you lawfully.

One minute, you are free, and the next minute, you are not.  Obviously, the moment the police stop you, is the moment everything changes so the first question, is whether the police stopped you lawfully.

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What Do Police Need to Know In Order to Stop You?

The truth is, that the police do not need to KNOW anything, in order to lawfully stop you.  The need only have a "reasonable suspicion"; they do not need "probable cause".  The US Supreme Court held that police can even conduct a pat/down search frisk, based on this low standard of "reasonable suspicion".

The truth is, that the police do not need to KNOW anything, in order to lawfully stop you.  The need only have a "reasonable suspicion"; they do not need "probable cause".  The US Supreme Court held that police can even conduct a pat/down search frisk, based on this low standard of "reasonable suspicion".

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How Are Arrest/Search Warrants Issued?

What is a search/arrest warrant, and how do police physically obtain them? The warrant itself is a document which is authorized by a local court, with the appropriate jurisdiction.  The police usually coordinate with the local Prosecutor’s office, and an affidavit is filled out that will either convince the local judge to grant the warrant or not.  Usually, judges will be very accommodating on such warrants, although there are limits to that accommodation; the search warrant affidavits may well be held defective on further review. .. Load complete answer.

What is a search/arrest warrant, and how do police physically obtain them? The warrant itself is a document which is authorized by a local court, with the appropriate jurisdiction.  The police usually coordinate with the local Prosecutor’s office, and an affidavit is filled out that will either convince the local judge to grant the warrant or not.  Usually, judges will be very accommodating on such warrants, although there are limits to that accommodation; the search warrant affidavits may well be held defective on further review.

Once again, the terms of the 4th Amendment itself require that the warrant state “with particularity” “the place to be searched, and the persons or things to be seized.”  If the police and the Prosecutor went overboard, in their pitch to the Judge/magistrate, in seeking the warrant, this could be a basis to overturn the arrest, or even the prosecution itself, if the evidence is suppressed

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What Does It Mean That There Are Recognized Exceptions to The Requirement of a Search/Arrest Warrant?

It means that under certain limited circumstances, the police do not need a warrant for your arrest, or to seize evidence.  As long as one of these "warrant exception" factual scenarios exist, the arrest and/or the seizure of evidence will be considered lawful and legitimate.

It means that under certain limited circumstances, the police do not need a warrant for your arrest, or to seize evidence.  As long as one of these "warrant exception" factual scenarios exist, the arrest and/or the seizure of evidence will be considered lawful and legitimate.

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What Are The Recognized Exceptions to The Search/Arrest Warrant Requirement?

There are ten recognized exceptions:.. Load complete answer.

There are ten recognized exceptions:

  1. Search Incident to a Lawful Arrest 
  2. Plain View Exception
  3. Consent
  4. Stop & Frisk
  5. Automobile Exception
  6. Hot Pursuit
  7. Exigent Circumstances
  8. Inevitable Discovery of Evidence
  9. Heath/Safety of Suspect
  10. Inventory Search

Learn the details of each exception.

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