Legal Question in Criminal Law in Michigan

I overdosed on prespription drugs IN MY HOUSE on October 29th. My wife couldn't revive me so she called 911 and the ambulance and police came. After searching my pockets they found my pills which were Vicodin, Xanax and Soma. I have prescriptions for the Vicodin and Xaxax but not for the Soma. The wrote me a citation for POSSESSION OF DANGEROUS DRUGS and I now have an arraignment this coming Tuesday at 9:15am. When they mailed me the courtdate (which I just got in the mail yesterday) it also says that prior to court Tuesday, I have to go to the police station to get "booked" since the police station is right nest to the courthouse, I was going to go there to get "booked" about an hour before I'm supposed to be in court. I have a few questions...

1) When I go to get booked, can I be arrested? I was never arrested the night of the incident

2) I'm 48 years old and I have no prior offenses for anything related to drugs and I am the main bread winner in my household where I have a wife and 2 teenage kids so I'm wondering if you think I could go to jail. If I did go to jail, I will definitely lose my job and most certainly my place of residence. In your professional opinion, am I looking at any jail time?


Asked on 11/09/13, 2:42 pm

3 Answers from Attorneys
Jared Austin Austin Legal Services, PLC

Jail is certainly a possibility in the theoretical sense, however, it is not very likely for a first offense. You will probably qualify for a deferred sentence under 7411 which will help you earn a non public record of this offense upon successful completion of probation as well as prevent the mandatory driver's license sanctions as imposed by statute. Getting booked in is a part of the process of being arrested. However, since your first court appearance is immediateln. afterwards, you will be arraigned in front of the judge and a bond with be set so you can be released. Consult with an experienced criminal defense attorney in your area that handles drug crimes for a thorough review of your case, options, and likely outcomes.

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Answered on 11/09/13, 3:01 pm

Our defense attorneys have an excellent track record in Livonia. We can help you. Call our main office at 1 866-766-5245 to talk about your case as soon as you are ready to hire an attorney. You can read more about our team at:

www.AggressiveCriminalDefense.com

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Answered on 11/09/13, 3:10 pm
Timothy Klisz Klisz Law Office, PLLC

I'm the president of the Livonia Bar Association and appear there multiple times a week. You are not looking at much jail, if any, depending in how the case is handled. You can aldo avoid a criminal conviction if things go well. Contact me for a free consultation. Tim Klisz

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Answered on 11/09/13, 3:19 pm


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