What will happen with a possession of drugs charge? 6 Answers as of July 04, 2013

My 20 year old son was arrested for possesion of narcotics. He was not arraigned before his release and we do not know what to do next. what can we expect. He has started drug treatment .

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Jules N. Fiani, Attorney at Law
Jules N. Fiani, Attorney at Law | Jules Fiani
Your son needs to hire an attorney. If you hire the proper attorney, he/she will be able to walk you step-by-step through the legal process.
Answer Applies to: Michigan
Replied: 7/4/2013
Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
The first step in the criminal process is for the prosecutor to file a complaint. Once the complaint is filed there will be an arraignment at which time your son will be advised of the charges, his rights including whether he would like a court appointed attorney and the issue of bond will be addressed. If it is misdemeanor charge, the court will ask how he pleads. If it is a felony charge, a date will be set for this preliminary exam. At this point, it would be helpful to him to employ an attorney if he intends to do so. The attorney can advise him of the process and answer any questions.
Answer Applies to: Michigan
Replied: 6/28/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
Much will depend on the exact charge and the place where the case will be heard. Without more, I cannot be more specific In most narcotics cases, the result depends on the type and amount of narcotic. This will determine whether the charge is a misdemeanor or a felony. The procedures are different in these respective cases. The short answer is that your son should give no statements to the police, either verbal or written, concerning the incident. The next step is to retain an attorney to represent him so that specifics can be discussed.
Answer Applies to: Michigan
Replied: 6/28/2011
Michael Breczinski
Michael Breczinski | Michael Breczinski
What is happening is the drugs are being sent to a lab by the police. This is to see if they really are illegal drugs. After they get the results, then the police go to the prosecutor for a warrant to arrest your son. He should get a lawyer.
Answer Applies to: Michigan
Replied: 6/28/2011
Klisz Law Office, PLLC
Klisz Law Office, PLLC | Timothy J. Klisz
He certainly needs skilled defense counsel to represent him. He is at great risk of jail or worse.
Answer Applies to: Michigan
Replied: 6/28/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    It will depend on what type of drugs it is. If it is heroin, cocaine (i.e. harder drugs) that will be punished more severe than marijuana which is a misdemeanor while the others are felonies. It is good that he is in drug treatment which will no doubt be a part of his sentence eventually. Since he is 20, he may be eligible for HYTA status which would keep the charge off his public record if he successfully completes probation. There is another option called 7411 which has the same effect, but is used exclusively for drug offenses. His eligibility will depend on if he has any priors and what amount he was caught with. You need to retain an experienced criminal attorney who can explain these options in more detail and can also review the police report and lab results for any errors that could get the charges reduced or dismissed. His next step will be an arraignment of the charges in front of the judge. If you do not hear from the court soon, contact the criminal court clerk for information. Best of everything.
    Answer Applies to: Michigan
    Replied: 6/28/2011
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