Legal Question in Criminal Law in Michigan

Possession Drug PARAPHERNALIA for Michigan wondering what kind of charge this is? Is it just a fine or is it a misdemeanor charge? Can I go to jail for this also is this a valid charge if a illegal search was done in order to get evidence to charge me. I am also 17 years old would this help me in any way since my legal guardian wasn't present for the search. I was stoped walking down the street office asked for my ID ran it came back and told me put my hands on the car and proceeded to pay me down and empty my pockets. I was never asked permission to be searched.


Asked on 4/26/14, 4:19 pm

1 Answer from Attorneys

Christopher Brown Brown & Associates, Legal Services, PLLC

Yes it's a misdemeanor under local city ordinance. It's possible to receive jail time if convicted. There is no need for a parent or guardian to be present during a search of your person. The pat down and search is another issue entirely. It's possible to have the evidence suppressed if the search violated your constitutional rights i.e. whether the officer failed to articulate a sufficient reason for the stop and search. If there were witnesses to the search and/or police in car video it may be shown the officer is not telling the truth. Contact my alternate number for more information.

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Answered on 4/26/14, 4:39 pm


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