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Possession or sale of drug paraphernalia is a criminal offense in Michigan. A person may be charged with the offense “possession of drug paraphernalia” even though there are no drugs or marijuana involved. Most items the law considers drug paraphernalia are harmless and not otherwise illegal. However, when the items are associated with past or present illegal drug use, criminal charges may be pursued.

Drug paraphernalia, or narcotics paraphernalia, is the umbrella label given to describe the equipment utilized for the purpose of using or dealing in controlled substances and marijuana. A marijuana pipe, a triple beam scale, needles and bongs are all considered drug paraphernalia.

In Michigan, the definition of drug paraphernalia is found at MCL 333.7451:

image.pngCooperation, Undercover Drug Deals, Snitching: Using the little fish to get the big fish.

We have found that our clients charged with drug crimes experience a state of insecurity and despair when it comes to doing undercover work or cooperating with the police. This is something that is outside of the comfort zone for nearly everyone, especially the family members of our clients faced with this dilemma.

The classic predicament: Should a person engage in undercover drug deals or hire a lawyer for advice and face the criminal charges in the court system?

drug abuse.jpgA recent article in the Detroit Free Press, “Troubling heroin addiction trend grips southeast Michigan“, verifies what our law firm sees on a regular basis. The article points out that the prescription drug abuse is a precursor to heroin use. Heroin becomes the drug of choice when a user can no longer supply his or her drug habit with analogue drugs such as Vicodin and OxyContin. The article states, “Our 18- to 25-year population has exploded” in recent years…. The prescription medication problem is pushing this heroin problem. Anybody who tells you anything different doesn’t know what they’re talking about. I could poll every kid who comes in our clinic, and it’s a broken record. It’s the Vicodin and OxyContin, and then it goes to the heroin.”

In my opinion, this article is long overdue and right on point. On a daily basis, our criminal defense lawyers deal with new and existing clients who are charged with drug crimes in Macomb County ranging from possession of marijuana, possession of analogues or possession of heroin. We are also seeing a greater number of cases which involve the drugs ecstasy (MDMA) and methamphetamine. Drug offenses are consistently high on the list of prevalent misdemeanor and felony cases which we handle. From a legal point of view, the drug user who is charged with a crime must address a drug problem while going through the formal court process.

Sterling Heights is also facing a problem with heroin use, as evidenced by a recent article found on WDIV’s website. “Police say many children are switching from prescription pill abuse to heroin because it’s cheaper.”

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This is the most frequent question that lawyers receive from their clients, “Am I going to jail?”

Most people being charged with a crime for the first time are not familiar with the justice system and do not know what to expect from their case. For the most part, first time misdemeanor offenders who are compliant with their bond conditions are not looking at serving time in jail. The exaggerated fear of jail is often what causes defendant to avoid legal obligations, skip court dates, evade law enforcement, and ironically is what lands them in jail. If you’re being charged with a misdemeanor and are scared and anxious, it is most likely more manageable than you think. This article gives an overview of whether or not a defendant should be anticipating jail time in their misdemeanor criminal case. Generalizations made here apply primarily to experience in Macomb County, though our office has found the following to be true throughout its practice in Metro Detroit.

An attorney cannot ethically guarantee a result in a criminal case. The bottom line is that nobody owns the judge. However, the reality, based upon our experience, is that jail is seldom imposed upon individuals convicted of misdemeanors in the District Courts.

There are numerous exceptions which will explained further below.
Unlike their Circuit Court counterparts, District Courts do not have sentencing guidelines. This gives District Court judges very broad discretion in fashioning sentences. This usually means that case strategy is best tailored to the individual policies of the specific judge that will be sentencing our office’s defendant. First time offenders, in just about all cases, are probably NOT looking at jail for the following offenses.

Drunk driving
Operating under the influence of drugs
Retrial fraud
Misdemeanor assault crimes/domestic violence
Driving while license suspended
Possession of marijuana/paraphernalia/use of marijuana
Disorderly conduct
Minor in possession/ open intoxicants
Malicious destruction of property
Traffic misdemeanors
Misdemeanor theft/ fraud crimes

In just about all of the above circumstances the offender will be looking at a probationary term. Broadly speaking one year of probation should be anticipated. Sometimes the court will depart from that for the better or worse. Most of the Districts in Macomb impose one year probation for first offense misdemeanors. Some of the courts in Oakland County impose longer probation terms. Moreover, most first time offenders (excluding DUIs and traffic offenses) are eligible for some type of diversionary program that will keep their records clean. While jail is not necessarily on the table in most misdemeanor cases, it is our function to minimize the terms and conditions of probation.
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At Abdo Law, we deal with many clients that maintain a Concealed Pistol License, or CPL, and the question always arises: will I lose my CPL if I’m charged or convicted of a crime? The answer is maybe, but Abdo Law’s dedicated attorneys will do everything in their power to guide clients through the process.

The State of Michigan sets guidelines for those wishing to obtain a CPL:

• Applicant must be at least 21 years of age;

• Be a citizen of the United States or an immigrant lawfully admitted into the United States (green card holders)

• Be a resident of the State of Michigan for at least 6 months prior to application
• Successfully complete a pistol safety training course
• The applicant may not be subject to involuntary hospitalization, an order finding legal incapacitation or a finding of not guilty by reason of insanity
• Not be subject to a conditional bond release that prohibits the purchase/use of firearms
• Not be subject of a personal protection order (PPO)

• Applicant has not been prohibited from having firearms in his/her possession, pursuant to MCL 750.224f

• Have no felony charge pending in Michigan, or any other jurisdiction
• Applicant was not dishonorably discharged from the United States Armed Forces
In addition to the above requirements, applicants for a CPL must prove to the State of Michigan that they have not been convicted of certain misdemeanors. Some convictions bar the applicant for 8 years and others bar the applicant for 3 years. Lists with examples of such crimes have been provided below.

A question that occasionally presents itself is whether a matter that was disposed of under HYTA, 7411, 769.4a, or 771.1 will affect a CPL license. It is my understanding is that a CPL typically will not be granted to individuals on probation, even with a deferral. These dispositions still show up on the back end of records systems for law enforcement. Moreover, my understanding is that while it is possible to get a CPL after a case disposed of with HYTA or 7411, it is less likely for a case concluded with 769.4a or 771.1. Before being granted the license, in Macomb County for example, you need to first sit before a board. Somebody who just got off probation, even with a 769.4a, may have trouble getting a CPL even though the case has been dismissed. Being that the charge tends to indicate violent behavior, it is my opinion such an individual will have more difficulty getting a CPL than someone with a 7411 deferral. Please be advised, this is just my opinion.

Nonetheless, if you believe your current or potential gun rights could be jeopardized you should engage counsel immediately. Deferrals, reductions, and dismissals could be helpful in reducing the time that you are ineligible for a CPL. On the following page we have provided crimes that make applicants ineligible for a CPL.
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The crime of retail fraud or shoplifting is ordinarily charged not greater than a misdemeanor unless the value of the property involved is $1,000.00 or more.

Effective March 31, 2013, Michigan passed a law that will arm retail establishments and prosecutors with the ability to charge shoplifters with a felony regardless of the value of the property involved. The new law makes it a crime to engage in certain listed conduct which is now called Organized Retail Crime. Therefore, even if a person takes a pack of chewing gum, a felony charge can be supported if other circumstances are present!

The new offense, Organized retail crime, is a felony punishable by imprisonment for not more than 5 years or a fine of $5,000.00, or both.

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Our law firm has seen an increase in the number of clients that are charged with “home invasion” in Macomb County. A recent article in the Macomb Daily, Five arrested in home invasion spree, confirms the rise in activity which we have seen in relation to economic crimes such as home invasion, retail fraud, embezzlement, larceny and credit card fraud. According to the article, “We’ve been getting hit really hard with home invasions in the northern part of Macomb County,” Sheriff Anthony Wickersham said.

Home invasion, also referred to as burglary, is a crime which involves the breaking and entering of a dwelling. Pursuant to Michigan law, home invasions are broken down by the various factors including the intent and/or actions of the perpetrator.

Home invasion in the first degree: is a felony punishable by imprisonment for not more than 20 years or a fine of not more than $5,000.00, or both.

Thumbnail image for 2013 Romeo Court Fine and Costs.jpgThe 42-1 District Court in Romeo has jurisdiction over criminal misdemeanors which occur in Romeo, Washington Township, Armada, Bruce Township and Ray Township. Recently, the 42-1 District Court updated its range of possible fines and costs for the most common misdemeanor cases. This is very timely since our law firm recently posted a blog on the Most Prevalent Misdemeanor Crimes in Macomb County District Courts.

The 42-1 District Court approximate range of fines and costs:

OWI, Impaired Driving First Offense $1,200.00 to $1,700.00 OWI, Impaired Second Offense $1,700.00 to $2,500.00 Possession of Marijuana $700.00 to $1,000.00 Retail Fraud $400.00 to $700.00 Larceny $400.00 to $700.00 Driving While License Suspended $300.00 to $600.00 Domestic Violence, Assault & Battery $500.00 to $800.00 Minor In Possession of Alcohol $300.00 to $500.00 Open Intoxicants $300.00 to $500.00

windsor-tunnel-sign.jpgWe have received a barrage of inquiries lately regarding the law which makes someone “criminally inadmissible” in the country of Canada with a drinking and driving conviction according to Section 19 (2) (a.1) of the Immigration Act of Canada. The law applies to foreigners (United States Citizens) who cross the Canadian border for work, education or recreation.

Persons convicted of drinking and driving (Operating while Intoxicated or Impaired) are considered “criminals” in Canada regardless as to whether it is a first offense or one which does not involve any injury or damage to property.

Criminal Inadmissibility: Ten Year Ban From Crossing the US Border into Canada