My husband got arrested last night for "use of/possession of analogues". He has had a clean record for the last 13 years, the charge he got ...

Question

My husband got arrested last night for "use of/possession of analogues". He has had a clean record for the last 13 years, the charge he got 13 years ago was for paraphernalia. I am aware that in Michigan this is a felony offense. My question, however, is what are the odds that we will be able to plead this down to a misdemeanor offense? At the arraignment the officer that spoke with the judge did speak highly of his lack of criminal history.

Answer

There is no way to answer that without having a lot more information. His lack of prior criminal history will help, but it will also depend on what jurisdiction it's in, who the judge is, and what that particulat prosecutor's office normal policy is for handling such case. It also depends on the amount, how strong or how weak the case is , if there are any problems with the case for the prosecutor (search and seizure FourthAmendment issues,chain of custody, lab results), etc. He should consult with an experienced Michigan criminal defense attorney that handles drug crimes in particular possession of analogue charges for a thorougj review of his case to discuss his options and likely outcomes. If he did not receive any deferred sentencing for his first offense such as 7411, he may be eligible for that which would not only keep the matter off his public record but would prevent the mandatory drivers license suspension.

Answer

I would need to speak with your husband to advise him properly. He may not need to plead guilty if the police made "errors" during there contact with your husband. I routinely handle these matters. Locate my alternate business number I would happy to advise him. See cbrownlegal.com to review my results with these type of cases. And I am available to answer questions over the holiday. I understand the stress that comes with an arrest.