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Don’t leave your future to chance. When facing prescription drug charges, you need a criminal defense lawyer who understands both the law and the stakes involved. At George Law, we are well-versed in criminal defense law in MI and have years of experience fighting for our clients’ rights. Don’t let a criminal conviction ruin your life; let us assist you through the legal maze. Our approach is personalized, strategic, and aggressive. Pick up the phone and call us at (248) 247-7459 or reach out to us online for a confidential consultation today.
Facing prescription drug charges in Michigan can be incredibly intimidating. The laws governing these offenses are complex and strict, with significant penalties that could affect your future. This piece aims to shed light on Michigan’s Public Health Code, which outlines various conducts related to prescription drugs that are considered misdemeanors. If you find yourself at the crossroads of a prescription drug charge in Michigan, this piece could serve as a preliminary resource.
Understanding The Core Elements Of Michigan Law On Prescription Drugs
Before diving into the defenses and legal options available, it’s essential to understand what actions are considered offenses under this Michigan law. MCL Section 17766 states that a person has committed a misdemeanor if they engage in several specific activities related to prescription drugs. These include:
- Using a false name to obtain a prescription drug
- Misrepresenting oneself as a lawful prescriber, dispenser, or licensee
- Falsely making, altering, or forging a prescription
- Possessing a false, forged, or altered prescription
- Obtaining or possessing prescription drugs through false or forged prescriptions for non-therapeutic purposes
- Possessing prescription drugs for the purpose of resale
- Selling or dispensing damaged or unfit drugs
Why Understanding The Specifics Matters
Knowing the specific actions that can lead to a misdemeanor charge is crucial because each one carries its own set of consequences and penalties. They also require different defense strategies, which could make or break your case.
The Repercussions: What’s At Stake?
Misdemeanor charges related to prescription drugs are not to be taken lightly. In Michigan, the penalties can include fines, jail time, or both. Moreover, a conviction can result in a criminal record, which can affect your employability, social standing, and much more.
How A Prescription Drug Charge Lawyer Can Help
If you’re facing a misdemeanor charge, seeking legal representation should be your first step. A skilled prescription drug charge lawyer can evaluate the specifics of your case, advise you on one of the best courses of action, and represent you in court. They can also negotiate with prosecutors for reduced charges or even the dismissal of your case.
Defenses To Prescription Drug Charges In Michigan
Challenging The Intent
The Michigan prescription drug crime laws are based significantly on intent. For example, if you are accused of using a false name to obtain a prescription drug, the prosecution must prove that you had the intent to deceive. Therefore, if you can establish that you had no intention of committing a crime — perhaps you accidentally gave incorrect information — this can be a valid defense.
Questioning The Validity Of The Prescription
Several clauses in Section 17766 involve obtaining or possessing drugs by means of a false or forged prescription. One potential defense is to question the validity of the prescription itself. For instance, if you believed the prescription was legitimate, it might be difficult for the prosecution to prove that you “knowingly” possessed a false prescription.
Raising Questions About Possession And Control
The statute also makes it a misdemeanor to possess or control prescription drugs for the purpose of resale. Your defense could center on challenging what “possession” or “control” actually means. For example, if you were in a place where prescription drugs were discovered but had no direct access or control over them, proving possession might be challenging for the prosecution.
Medical Necessity
If you can demonstrate a genuine need for the medication due to a medical condition, and there was no intent to deceive or misuse the drug, you might have a legitimate defense. This strategy could be particularly applicable to clauses related to obtaining or possessing drugs for non-therapeutic purposes.
Disputing Resale Intent
If you’re charged under clauses involving possession or control for the purpose of resale, your defense could focus on challenging the “purpose of resale” part. If there is little or no evidence to suggest you intended to resell the medication, this aspect of the charge may not hold.
Invalid Search And Seizure
Michigan law requires lawful searches and seizures. If the drugs were found during a search that violated your constitutional rights, the evidence might be thrown out, which would weaken the prosecution’s case considerably.
Frequently Asked Questions About Prescription Drug Charges In Michigan
What Actions Are Covered Under Michigan Law?
This Michigan statute covers a range of actions related to prescription drugs, from using a false name to obtain medication to possessing or selling drugs with the intent to resell. The law outlines several specific actions that are considered misdemeanors, such as forging prescriptions, falsely representing oneself as a lawful prescriber, and knowingly possessing a false prescription.
What Are The Penalties For A Conviction?
Charges under this statute are considered misdemeanors. Penalties can include fines, jail time, or both. The exact penalties depend on the specifics of your case and your criminal history.
Can Ignorance Be A Defense?
Generally speaking, ignorance of the law is not a defense. However, lack of intent might be. For example, if you unknowingly used a false name, it might be hard for the prosecution to prove intent, which is crucial for a conviction under this law.
What Does “Knowingly” Mean In This Context?
The term “knowingly” implies that you were aware of your actions and intended to commit the crime. This is crucial for the prosecution to prove in cases involving false, forged, or altered prescriptions.
How Can I Prove Medical Necessity?
To successfully claim medical necessity as a defense, you’ll need strong evidence, often in the form of medical records or expert testimony. This can demonstrate that you had a legitimate need for the medication and did not intend to misuse it.
What Is The Role Of Intent In These Charges?
Intent plays a significant role. Most of the actions described in this law require intent to deceive or misuse. Proving or disproving intent can be a critical factor in your defense strategy.
What Do I Do If I’m Charged Under This Law?
The first step is to consult a prescription drug charge lawyer familiar with Michigan laws. They can aid you through the legal process, help you understand the charges, and work with you to develop a defense strategy.
How Does Invalid Search And Seizure Apply Here?
If the drugs were found during a search that violated your constitutional rights, this could result in the evidence being declared inadmissible. In such cases, the charges may be reduced or even dismissed.
How Can A Lawyer Help Me?
A lawyer can assist you in several ways, from advising you on one of the best courses of action to representing you in court. They can challenge the evidence, question the prosecution’s case, and help you explore any available defenses.
Your Freedom Matters: Consult A Criminal Defense Attorney
If you are facing a prescription drug charge in Michigan, time is of the essence. The sooner you consult a prescription drug charge lawyer, the better your chances are of building a strong defense. Doing so can help minimize the impact of the charge on your life and future.
Remember – you’re not alone, and you don’t have to navigate the complex legal process without expert counsel. George Law is here to help. Our prescription drug charge lawyers have successfully defended numerous clients against a variety of charges. Your freedom and reputation are too important; don’t hesitate to secure experienced legal representation. Call us at (248) 247-7459 or contact us online to schedule your consultation right now.
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