Legal Question in Criminal Law in Michigan

Re: Drug Possessions Charge

I recommend that you hire an experienced and aggressive attorney to protect you. We've had excellent results throughout Michigan and particularly in Midland. You can read more at

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Re: Drug Possessions Charge

[Unlike the previous response, I'm not asking you to hire me as your lawyer.]

In your case, it appears that the police conducted a "search incident to arrest" or an "inventory search". Both are exceptions to the rule that police need a search warrant to search a car. The "incident search" exception covers a search of the area around the arrested person's "wingspan" at the time of arrest (ostensibly to search for weapons that might get turned against police). The inventory search exception applies if the police tow/impound your car ... and is partly a C.Y.A. move so police are not blamed for (alleged) missing contents. In both searches, any evidence (drugs or other contraband) they find can be used in a prosecution.

As for the issue of the police not reading you your rights (like you don't know them already by memory from having watched police shows on TV since you were a kid!??! Come on!), this is only a problem for the prosecution if the police interrogated you about your crime after you were placed in custody. For a DWLS case, I seriously doubt that police grilled you about the elements of DWLS after they cuffed you.

As for getting an attorney, you can hire your own attorney, or apply for an appointed attorney at the arraignment hearing.

IF your license was suspended and you were driving, the prosecution has a pretty easy job convicting you ... because those are the two elements to the crime. Your energy really needs to focus on trying to clear up the reasons why you are suspended so you can be like the other 95% of us non-suspended drivers.

* If the suspensions are for inpaid tickets ... pay them off (and the additional clearance fees)!

* If the suspension is for failing to appear in court on misdemeanors ... get to the courts and clear up the bench warrants (and payc the additional clearance fees). You can run, but you cannot hide!

* If the suspensions were imposed by SOS for OWI/Impaired Driving convictions, too many points, etc., then you really need to hire an attorney to try to get a restricted license or full driving privileges back from the SOS DLAD.

But, in the meantime ... STOP DRIVING!!