Drug Test False Positive – Plymouth Lawyer

Accused of testing positive for drugs while on bond? Are you sure it was a false positive but no one believes you? There may be a defense to a false positive drug test.

Contact criminal defense lawyer, Aaron J. Boria today to fight for you (734) 453-7806.

Criminal Defense Lawyer and False Positives

My office is always handling some type of drug offense from Manufacture and Delivery of Heroin to being in possession of a small amount of ecstasy for personal use. 

Manufacture and delivery of drugs or even simple possession  is a very serious offense in the eyes of the court. If a person is found guilty of the lowest manufacture and delivery of heroin case involving less than 50 grams, the offense is a felony punishable by a prison sentence of up to 20 years, a fine of up to $25,000.00, or both. Even simple possession of MDMA or ecstasy is punishable by up to 10 years in prison. 

Drug Testing While on Bond 

Bond is an amount of money that a person must give to the court in order to be released from jail. Bond is essentially a promise to return to court in secured by money. If you don’t abide by the terms of the bond you forfeit your money and wait in jail while the case progresses. If you abide my the terms of bond you either get your bond money back or it goes towards your fines when you case ends. 

In some cases the amount of bond given to the court represents a percentage of the total bond. For example, a $20,000.00, ten percent bond, would mean the person must pay ten percent of the bond or $2,000.00 but if they violate by using illegal drugs or failing to show up to court they owe the court $20,000 and will be held in jail pending further proceedings.

In addition to promising to return to court to defend the allegations against you, bond will often come with conditions. In just about any allegation of a drug crime, the court will require that you test for drugs while on bond. A positive drug test will usually lead to bond revocation and going to jail. 

False Marijuana Positive Drug Test

In one case we had recently, our client was a heavy marijuana user and as part of their bond they were ordered not to use any drugs including marijuana. It had been over a month since our client used marijuana, so it came as a shock to them when they were ordered to show cause as to why they should not be punished for violating bond by testing positive. The allegation was that he tested positive for marijuana almost a month after they stopped using it. The evidence of the positive test was an upward spike of a marijuana metabolite. 

Understanding Marijuana and Testing

The primary psychoactive ingredient of marijuana is THC, which is absorbed in red blood cells and plasma. THC penetrates into vascularized tissue and accumulates in body fat where it can be stored long term.

Several factors can influence the concentrations and the duration of detectability of THC metabolites. These factors include frequency of usage, when the sample was collected, body fat content, urine dilution, sensitivity of testing, and cutoff concentrations.

This may come of a shock to you, but according to a governmental study it is highly likely that heavy marijuana users can be expected to have detection rates for approximately 28 days after the first negative test. Again, heavy marijuana users that stop consuming marijuana and text clean should be expected to have THCCOOH, inactive THC, show up in drug tests up to a month later. This is because residual THCCOOH can excrete and show up on tests even after the person previously tested positive.

Criminal Defense Lawyer and False Positives Results

Luckily for our client we were able to educate the court as to how THC testing can result in false-positives over a month after the last use. As a result, our client’s bond was not revoked and he was able to go home to his family.

If you have been charged with a crime, or are facing a bond violation contact Michigan criminal defense lawyer, Aaron J. Boria today (734) 453-7806

False Opiate Positive Drug Test

Have you been accused of testing positive for cocaine while on bond and you know the test is wrong? Have you been accused of testing positive for cocaine even though you have never used it? It either of these situations sound like you then you need to call criminal defense lawyer, Aaron J. Boria (734) 453-7806.

State of Michigan Drug Testing and Opiates 

Drug testing is reported as positive or negative. The concentration of a drug is reported in a persons system and if the amount of that concentration exceeds a predetermined value the laboratory will report the test as positive. 

In an article published by the U.S. Department of Justice the following was concluded: 

When setting cutoff concentration levels it is important that the cutoff is set high enough that small traces of a drug metabolite will not trigger false positives. This is especially true in opiate levels where a positive reading is given in tests with levels below 2,000 ng/ml. An opiate test set below 2,000 ng/ml reporting a positive could be the result of eating poppy seeds and not indicative of heroin or some other opiate use. 

For the reasons stated above federal courts have already increased the cutoff for opiates to 2,000 ng/ml or higher, while the State of Michigan is still lagging behind at around 500ng/ml for their cutoff. 

False Opiate Positive Drug Test Defense

In two recent cases the issue of a false positive for opiates came up while our clients were testing on bond. 

In one case we presented the evidence from the U.S. Department of justice along with a polygraph and a receipt for a poppyseed bagel to prove our client had not been using heroin or hydrocodone or some other opiate and the bond violation was dismissed. 

In another case we used a hair test and an additional drug screen to show that there was no opiate in our client’s system and the bond violation was dismissed. 

If you have been charged with a crime, or are facing a bond violation contact Michigan criminal defense lawyer, Aaron J. Boria today (734) 453-7806
Possession of Marijuana and Your License

Can a conviction for possession of marijuana suspend your license? Yes, believe it or not, even if your marijuana possession was no where near a vehicle a conviction for possessing marijuana will result in losing your driver license for six months. 

Possession of marijuana lawyer, Aaron J. Boria has saved countless people their driving privliges by beating the charge, obtaining a reduction, or filing a motion to get the person their driving privileges back. 

Call (734) 453-7806 today for drug crime defense lawyer, Aaron J. Boria 

Michigan Possession of Marijuana

MCL 333.7403(2)(d) governs a possession of marijuana under Michigan law. Basically, it states that a person shall not be in possession of marijuana, and a person charged with the criminal offense of possession of marijuana could face a penalty of up to a year in jail and a $1,000.00 fine.

If you are facing a drug crime charge call (734) 453-7806 today to speak with an experienced lawyer.

Michigan Marijuana and your Driver License

A conviction for possession of marijuana also means license sanctions under MCL 333.7408a(1), which states a person’s license will be suspended for a period of six months for a first offense drug conviction. It may be possible to convince a judge to grant a restricted license after the first 30 days of suspension.

On a second offense your Michigan driver license will be suspended for a year. A restricted can be granted after 60 days of suspension if the judge can be convinced.

Michigan Marijuana Lawyer

Depending on your criminal history, it may be possible to prevent the loss of your license for a marijuana conviction with a good Michigan criminal defense lawyer. In some cases it may be possible to prevent a conviction all together.

Even if your criminal history precludes you from being eligible for a special provision that would prevent a conviction or the loss of your license a Michigan criminal lawyer may still be able to get the charges against you dismissed. If the police did not have a legal reason to have an encounter with you, or a legal reason to arrest you, or a legal reason to search you it may be possible that your possession of marijuana charge will be dismissed.

Even in cases where you have a prior record and the police did everything correctly it may still be possible to save your driving privileges. 

If you have been charged with possession of marijuana contact Michigan criminal defense lawyer, Aaron J. Boria. Aaron J. Boria has successfully had numerous Michigan marijuana charged dismissed and has saved people their freedom to drive. Contact Michigan criminal defense lawyer, Aaron J. Boria today for a free consultation (734) 453-7806.

Probation Violation Dismissed – 35th District

Our client was on probation at the 35th District Court in Plymouth for possession of drugs. One of her conditions of bond was not to use drugs and to submit to drug testing randomly.

She violated probation by using marijuana and failing to test. She went in to the court and plead guilty to the allegation in front of judge Lowe. Five days later her probation officer violated her again for the marijuana metabolite still showing up in her system. If convicted our client would have faced up to a year in the Wayne County Jail.

After she called Aaron J. Boria the violation of probation was dismissed.

Charged with a crime in Plymouth, Canton or Northville? Plymouth lawyer, Aaron J. Boria, fights for his clients and obtains results that his completion simply cannot. Call (734) 453-7806 or email him directly at BoriaLaw@gmail.com.

 

What happens if I violate probation?

If you are on probation and you violate you face the maximum possible penalty for the offense you are on probation for. For instance, possession of marijuana carries up to one year in jail, so if you are on probation and you violate the judge could give you up to one year in jail.

You could also face a new criminal charge. For instance, if you were on probation for possession of marijuana and you get arrested for drinking and driving then you would face the new DUI charge and the probation violation.

35th District Court Probation Violation

Plymouth lawyer, Aaron J. Boria argued that you should expect to see the marijuana metabolite still showing up in such a short period of time after a person used. Probation ultimately conceded and dismissed the probation violation. No penalties were added and our client’s original conviction is still sealed from public record.

This case was heard at the 35th District Court in Plymouth. In that court the procedure is to check in with probation where they will tell you what the recommendation will be if you plead guilty to the charges. Then you go see the judge, which in this case was Judge Lowe (You could also have Judge Plakas or Judge Gerou). The judge will ask you how you plead to the charges. If you plead guilty he will sentence you and if you plead not guilty you will have a hearing where guilt will be determined.

In this case the probation violation allegation was ultimately dismissed after our client plead not guilty.

Procedurally our client plead found guilty to possession of drugs back in October with the special HYTA status.

In late January, and twice in February she tested positive for using marijuana and didn’t show up for testing the last week of February and first week of March around the 9th. She was violated by 35th District Court probation and went to see judge Lowe. She plead guilty and she was ordered to do five days on the work program, an alternative to jail.

Five days later she tested again and the marijuana metabolite was positive in her system. (A metabolite is evidence that marijuana was consumed at some point. Marijuana is fat soluble so evidence of its consumption stays in your system longer, usually 3-4 weeks.)

Probation tried to ague that the metabolite was an indication of recent use. Plymouth lawyer Aaron J. Boria obtained a copy of the lab report, which revealed that the amount of the metabolite was so low the drug was probably on its way out of her system from possible use back in early March and not new use. If this were true the violation would have to be dismissed because she already served five days of work program i.e., she was already punished. Probation agreed that they could not prove otherwise and dismissed the violation.

 

Plymouth Lawyer – 35th District Court

Plymouth lawyer, Aaron J. Boria appears in the 35th District Court on a regular basis, usually several times a week. Boria knows the ins and outs of the 35th District Court and what to expect when dealing with the police, judges, prosecutors, and probation department.

Plymouth lawyer Boria has won multiple trials at the 35th district court, in fact Boria has won a trial in front of every single judge at the court, something few if any other criminal lawyer can say.

Charged with a crime in Plymouth? Call (734) 453-7806 or email BoriaLaw@gmail.com today to speak with Aaron J. Boria, criminal lawyer. Boria’s office is located less than a mile from the court house at472 Starkweather Street in Plymouth; feel free to drop by as we have an open door policy.
Probation Violation Lawyer

Our client came to us after being Show Caused for a violation of probation at the 16 District Court in Livonia, Wayne County, Michigan. The allegation against her was that she failed a drug test on two occasions. She had been on probation for a drug crime and retail fraud crime.

Drug Test Violation of Probation

Our client was drug testing 4 times per week for common drugs through JAMS at the Taylor location and occasionally Novi.

The allegation was that she had failed her drug test because she provided a diluted sample. The way drug testing companies such as JAMS test for this is by looking at a person’s creatinine and specific gravity.

Creatinine is a waste product of creatine, which is an amino acid found in muscle tissue and urine. A person may attempt to pass a drug test by drinking large amounts of water or diuretics such as herbal teas to “clean out” the system. Creatinine and specific gravity are two ways to check for dilution and cleaning, which are the most common way to circumvent drug testing. Low creatinine and specific gravity levels may indicate diluted urine. The absence of creatinine is suggestive of a specimen not consistent with human urine. The accepted level for creatinine in a male is 40-300 mg/dl and 37-250 for females.

Specific gravity tests for sample dilution. The normal range for specific gravity is from 1.003 to 1.030. Values outside this range could indicate specimen dilution or tampering.

Drug Test Violation Lawyer

Our client was smart and hired us to defend her at the violation or probation hearing.

Creatine levels as low as 17 can be common. It is also generally accepted that there are people out there that naturally have dilute urine.

A more simple cause of dilute urine is that the person drinks water prior to testing so they can urinate – imagine that!

Probation Violation Dismissed in Livonia

The probation agent in this case was receptive and willing to listen. She saw that there had been no dirty drug test and that the test in this case was only indicative of slight dilution. The probation violation was dismissed and our client walked out of court happy. We didn’t even have to go in front of the judge.

If you have been charged with a violation or probation due to drug testing or for some other reason contact criminal defense lawyer, Aaron J. Boria today (734) 453-7806.
OWI – Dangerous Drugs – Canton Lawyer

Our client was charged with Possession of Dangerous Drugs and the DUI offense of Operating While Intoxicated with a BAC greater than .17 after being arrested by Canton Police. She was caught red handed with pills in her car and a breath alcohol almost three times the legal limit. Even with all this evidence against her, Canton lawyer, Aaron J. Boria was able to get the drug charge dismissed and the Super Drunk offense reduced to the lowest offense possible so that she could keep her driver license.

If you have been charged with drunk driving, possession of drugs, or any other offense contact Canton lawyer, Aaron J. Boria (734) 453-7806 or email us at borialaw@gmail.com.

 

Dangerous Drugs – Canton Lawyer

Our client was having some wine at a friend’s house out in the Canton area. As a single mother, going out is something she rarely gets to enjoy. Well, unfortunately, she had a little too much fun (or at least a little to much to drink, or a lot to much to drink) and made the poor decision to drive home.

While driving home after 2am on Canton Center Road she made a U-Turn without signaling, which caught the attention of a Canton Police Officer whom then initiated a traffic stop.

During the investigation the officer discovered controlled substances that were illegal for our client to have.

Our client was charged under a local ordinance for possession of dangerous drugs. If convicted she would have faced serious jail time and massive fines. As part of our negotiating tactics with the prosecuting attorney we were able to obtain an outright dismissal of the drug charge.

OWI – Super Drunk – Drunk Driving

During the conversation with the Canton Police, the officer claimed that he could smell alcohol coming from the vehicle. Later, it was discovered that our client’s blood alcohol level was over .18 so the officer was probably telling the truth. The officer asked our client if she had been drinking and at first she said no and then admitted later to drinking. The video we received also indicated that our client was slurring a bit.

Our client was ordered out of the car and instead of politely declining to take the field sobriety tests (which I would recommend you politely decline them) she instead started swearing at the officer and stating, “I’m fucked, I’m fucked, I’m totally fucked”, which unfortunately is admissible as evidence against her.

When you combine her admission to drinking, the officers claim that he could smell the alcohol, our client stumbling, slurring, and stating she is “totally fucked” the officers had probable cause to make an arrest. Ultimately her blood was drawn which confirmed the officer’s suspicions and she was almost three times the legal limit to drive.

Our client was charged with the Super Drunk Driving Offense or High BAC > .17. If convicted she would face up to 6 months in jail, thousands in fines and costs, 6 points added to her driving record, and her driver license would be suspended for an entire year. She would be eligible for a restricted license after 45 days but only with a blow and go installed in her car, which can be very expensive.

Canton Lawyer – 35th District Court

As mentioned above, when we got to court we negotiated with the prosecuting attorney and we were able to negotiate a deal where the drug crime would be dismissed completely saving her potential jail time on that offense, and saving her a lot of money in fines and costs.

As part of the negotiations we were also able to negotiate the Super Drunk Driving offense down to the lowest possible offense, which would save her over a grand in fines and costs to the court and the state. Her driving record points would be reduced as well. Potential jail time would be cut in half and she wouldn’t lose her license for being arrested for DUI, so she could continue to get to work, school, medical appointments, and of course court.

The matter was heard before Judge Plakas at the 35th District Court in Plymouth, which has jurisdiction over Canton cases. When we appeared in front of Judge Plakas for sentencing he agreed to adopt a sentence where our client would not do any jail time, and would have a fairly laid back probation period considering her high blood alcohol level and possession of drugs.

Most people will be shocked to hear the results we obtained in this case due to the fact that the case was a clear loser for the defense. We fight for our clients and we get results, even in some of the worst cases, so if you have been charged with drunk driving, a drug crime, or any other crime in Canton or anywhere else in Michigan call criminal lawyer Aaron J. Boria.

Hire a Criminal Lawyer

We keep preaching in our blogs the importance of hiring a knowledgable criminal defense lawyer. No matter how bad you think your case may look, or no matter how guilty you think you are it is in your best interest to hire a lawyer. This client was clearly guilty, but we were still able to negotiate a dismissal or one charge and the reduction of another which resulted in our client saving thousands, avoiding a permanent criminal drug conviction, and more.

We take a limited number of cases so that our clients get the attention they need and deserve. We do not take cases with the intention pawn them off to other lawyers. When you hire criminal lawyer, Aaron J. Boria you get criminal lawyer, Aaron J. Boria. For this reason we cannot take every case that comes in the door so we screen our cases and try to make sure that we would be a great fit for your defense and you would be a great fit for our firm.

Call (734) 453-7806 for a free consultation
35th District Court – Plymouth Lawyer – Possession of Drug Charges – Possession of Marijuana

Charged with possession of marijuana or some other drug in Plymouth? A conviction for a possession of marijuana charge or drug charge will result in the loss of your driving license, hefty fines, being marked as a drug using criminal for the rest of your life and could also result in losing federal aid like student loans and even land you in jail.

In almost every drug possession case we defend our client’s walk out of court without a criminal record, without going to jail, they keep their driver license, and their ability to get federal aid, even when they are guilty!

Plymouth lawyer, Aaron J. Boria, has defended those accused of drug charges all over southeast Michigan and beyond. We are regularly in the local 35th district court in Plymouth on weekly basis, and regularly in the rest of Wayne County, Oakland County and beyond.

If you are charged with a crime then you need to call Plymouth lawyer, Aaron J. Boria. At Aaron J. Boria, PLLC, we take on a limited number of cases to make sure that our clientele receive the best representation available, the attention they need and the possible outcome. For that reason we have to screen every client that calls and make sure that we represent those that are the most deserving.

To see if you are a good fit for our firm and if we are taking on more clients call today (734) 453-7806.

For more information about drug crimes click here http://thelawyermichigan.com/michigan-drug-crimes-attorney/

Possession of Marijuana Charges in Plymouth

Yes, you read that correctly, even when our clients are clearly guilty we have been able to prevent them from having a criminal record, keep them out of jail, keep their driver license, and in cases of students keep their ability to have student loans through federal aid.

In every criminal case the prosecuting attorney must prove your guilt beyond a reasonable doubt. In any drug possession charge the prosecutor must prove that you had possession of the drugs, that you knew it, and you weren’t legally allowed to have them.

Every criminal charge is broken down into elements. In a drug possession case of marijuana possession case these are the elements:

First, that the defendant possessed a drug.

Second, that the defendant knew that they possessed a controlled substance.

Third, that the substance was not obtained by a valid prescription given to the defendant.

Fourth, that the defendant was not otherwise authorized to possess this substance.

The penalty if convicted for a first offense possession of marijuana is a misdemeanor, punishable by up to a full year in the county jail, fine of $1,000.00 along with loss of your license and other collateral consequences like being labeled a drug criminal.

Possession of Drug Charges – Felony Drug Charge – Plymouth District Court

If you have the unfortunate experience of being charged with possession of a harder drug like cocaine, heroin, or some other drug then you are facing a felony charge. A felony charge for possession of drugs could land you in prison for four years and a fine of $25,000.00, and that’s just for a first offense with 25 grams or less.

Any time you are charged with a felony you will start in district court and the case may end up in circuit. If you are charged in the City of Plymouth or the Township of Plymouth your case will start at the 35th District Court. You will have a probable cause hearing called preliminary examination. At that exam the judge will determine if it is likely that you were the one who committed the crime. If the judge thinks you were probably in possession of drugs then your case will be sent to the circuit court. If the judge doesn’t believe the prosecutor has met their burden then the charge will be dismissed.

Possession of Drug Defense – Possession of Marijuana Defense

There are many defense to drug possession and marijuana possession charges, here are a few:

Not in actual possession meaning that the drugs were not on you so they could have been anyone’s.

Not in constructive possession. An example of this could be that they were found at your house, but maybe they were a roommate’s, or someone else left them there.

Entrapment is rarely used as a defense but this would be a situation where a police officer pressured you into a situation to carry drugs when you normally wouldn’t.

Medical marijuana defense is the newest and probably one of the most effective defenses to marijuana charges, but you have to be able to satisfy the section 4 or section 8 requirements.

Plymouth Lawyer – 35th District Court Lawyer

At the Plymouth District Court, you will appear in front of one of three judges, Judge Lowe, Judge Gerou, or Judge Lowe.

If you have been charged with a crime at the 35th District Court in Plymouth then you need to call Plymouth criminal lawyer, Aaron J. Boria (734) 453-7806. We fight for clients and we obtain results that other lawyers simply cannot.

Canton Lawyer – Possession of Marijuana – Dismissed

Canton Police arrested and ticketed our client for possession of marijuana and possession of drug paraphernalia. The charges were dismissed in the 35th District Court by Judge Plakas after an evidently hearing revealed Canton Police violated our clients Fourth Amendment rights against illegal search and seizure.

Criminal Lawyer Aaron J. Boria is who you need to call when the police have accused you of a crime. Call (734) 453-7806 or email us at BoriaLaw@gmail.com.
Marijuana Lawyer – Canton Lawyer – Dog Search

We obtained a fantastic result in the 35th District Court for the Township of Canton, Michigan last month. Our client was charged with possession of marijuana and possession of drug paraphernalia. If convicted of these crimes he would lose his driver license, lose his financial aid, and have a drug crime permanently on his criminal record. We obtained a straight dismissal and our client walked out of the 35th District Courthouse a free man after Judge Plakas suppressed the seizure of the marijuana due to an illegal dog search preformed by canton police.

If you have been charged with a drug crime in Canton Michigan, or any crime in Michigan, contact Canton lawyer, Aaron J. Boria at (734) 453-7806 or email directly at BoriaLaw@gmail.com. Unlike many attorneys who take in as many cases as possible, Aaron J. Boria, PLLC, takes on a limited number of cases each month to ensure that our clients get the best representation possible. To see if our firm is the right fit for you and you are the right client for us contact our office today.

Marijuana Lawyer – Canton Criminal Charges

Our client was driving a late model vehicle with tinted windows, basically a cop magnet. The car caught the eye of a Canton police officer near Michigan Avenue and I-275 South. Shortly after our client got onto the expressway the Canton officer initiated a traffic stop.

The reason for the stop was the tinted windows, but we all know it’s a pretest to pull over someone that is likely low income and young as evidenced by an older car with tint (a person that can be easily jammed up by police). Either way, a stop for windows that are tinted in the front of the vehicle is a good one so the stop will stand as a good one.

The Canton Officer approached the vehicle, asked for our client to provide the proper documents and then, without having any evidence of a crime being committed, asked if there were any drugs in the vehicle. When our client looked away and said, “No”, the Canton Officer thought he was lying. The Canton Officer then asked if he could search the vehicle and our client legally denied the officer’s request. At this point, the legal thing for the officer to do would have been to issue a ticket for the tinted windows or send him on his way. Instead the officer chose to violate our clients Fourth Amendment Right against illegal search and seizer and called for a K-9 unit to come.

The K-9 unit came and the dog his on the car for drugs. This was also a point of contention because our client claimed that the dog never hit the way the officer claimed the dog did, and that the police just started searching the vehicle after the dog walked around the car a few times. Strange enough, neither vehicle has a working camera that night. That’s right, two Canton Police vehicles, both equipped with recording devices failed to record the incident – strange.

After the officers searched the vehicle they uncovered marijuana and drug paraphernalia. Our client was arrested and taken to the Canton jail where he had to get photographed and fingerprinted and then post a bond to leave.

He was issued a ticket for marijuana and drug paraphernalia that directed him to appear at the 35th District Court located in Plymouth Michigan.

Canton Lawyer – Drug Lawyer – Illegal Dog Search

The 35th District Court has jurisdiction over the Township of Canton, Plymouth City, Plymouth Township, Northville City, and Northville Township.

There are three judges at the 35th District Court and they are Judge Gerou, Judge Lowe, and Judge Plakas. Our client’s matter was assigned in front of Judge Plakas.

After we appeared for the pre trial on this matter is was clear that the Canton Township Prosecutor would not be dismissing the case because we believed that there was an illegal search by brining in the dog. We filed a motion to dismiss and demanded an evidentry hearing on the issue where both police officers would have to show up and testify.

The challenge to the violation of the Fourth Amendments protection against illegal search and seizure was based on a recent case called Rodriguez v. United States decided just his past year.

Here is a quick summary of the Rodriguez case:

In Rodriguez the United State Supreme Court held that a police stop exceeding the time needed to handle the matter for which the stop was made violates the Constitution’s shield against unreasonable seizures. A seizure justified only by a police-observed traffic violation, therefore, becomes unlawful if it is prolonged beyond the time reasonably required to complete the mission of issuing a ticket for the violation. In Rodriguez, Police Officer Struble observed a motor vehicle, driven by Mr. Rodriguez, veer onto the shoulder of a highway in violation of law. On that basis, Officer Struble conducted a traffic stop. He asked Mr. Rodriguez a few questions about the incident, and gathered his license, registration, and proof of insurance. After running a records check on Mr. Rodriguez, Officer Struble returned to the vehicle, asked the passenger, Scott Pollman, for his driver’s license, and began to question him about where the men were coming from and where they were going. Officer Struble then ran a record check on Mr. Pollman, called for a second officer, and wrote a warning ticket for Mr. Rodriguez for driving on the shoulder. Officer Struble returned a third time to the vehicle to issue the written warning and returned the documents obtained from the two men by 12:27 or 12:28 a.m.

Next, Mr. Struble asked for permission to walk his dog around the vehicle. When Mr. Rodriguez refused consent, Officer Struble instructed him to exit the vehicle and wait for the second officer to arrive. At 12:33 a.m., only minutes later, a deputy sheriff arrived and Officer Struble led his dog around the vehicle. The dog made an indication that the vehicle contained drugs, and a subsequent search revealed methamphetamine. Seven or eight minutes had passed between the time Officer Struble issued the written warning and when the dog indicated the presence of drugs. Rodriguez was arrested.

In Court, Rodriguez moved to suppress the evidence of the methamphetamine seized from his vehicle on the ground that the officer had prolonged the traffic stop without reasonable suspicion to conduct a dog sniff. The court vacated the judgment.

Similar to the Rodriguez case, our case in the 35th District Court out of Canton was almost identical. The police stopped our client for a traffic infraction and held him longer than necessary to write the ticket without reasonable suspicion in order to conduct a dog search and find drugs. Judge Plakas Agreed with us and both the possession of marijuana charge and the drug paraphernalia charge were dismissed.

Our client walked out of the 35th District Court a free man. His bond was returned to him and his fingerprints with arrest card were destroyed.

35th District Court Lawyer – Canton Lawyer

Charged with a crime out of the 35th District Court? Canton Police accusing you of a crime? Call Canton lawyer, Aaron J. Boria. We fight for our clients and we obtain results that other lawyers simply cannot.

Call today (734) 453-7806 or email us at BoriaLaw@gmail.com

 
Possession of Marijuana – Canton Lawyer – 35th District Court

When our client came to us his case was a mess. He had already plead to one count of possession of marijuana without a lawyer and was waiting his sentencing, but before that happened he was arrested a second time for another possession which means he was also in violation of his bond. At the end of the case the bond violation was ignored, and both possession of marijuana charges were suppressed.

Our client left the 35th District Court with out having a criminal conviction and without doing a day of jail. Canton lawyer, Aaron J. Boria is an experienced and aggressive criminal defense lawyer. Boria takes on a limited number of cases in order to make sure that the cases he does take on receive the absolute best possible representation available.

Call (734) 453-7806 or email BoriaLaw@gmail.com for a free consultation and to see if your case is a good fir for our firm.

Possession of Marijuana

Possession of marijuana is a misdemeanor, which means if convicted you could face a jail term. Even with the passage of medical marijuana and other states legalizing its use, possession of marijuana still remains a serious criminal charge that is punishable by up to one year in jail, a $1,000.00 plus costs, and the suspension of your driver’s license, that’s more serious than a DUI.

In this case our client was driving through a Canton subdivision at night with some buddies in his car. Little did they know that a neighbor just so happened to have called Canton Police because he thought someone was breaking into his car (completely unrelated to our client). When the officer arrived in the area the only car he observed was our client’s so he pulled our client over.

Upon stopping the vehicle the officer smelt marijuana and ordered our client out of the vehicle. Our client was questioned and admitted that there was in fact marijuana in the car. The car was searched and marijuana was recovered. The officer gave our client a ticket for possession of marijuana with notice to appear at the 35th District Court for arraignment.

As mentioned above a possession of marijuana charge is a serious criminal charge. A possession of marijuana charge while you are already in court with another criminal charge pending is grim, and unfortunately for our client that was now his reality. The bond violation is discussed below.

35th District Court – Criminal Charge – Lawyer

Both of our client’s pending charge and new charge were at the 35th District Court, which has jurisdiction of Canton cases. This means that if you a charged with a crime by Canton Police, Wayne County Sheriff acting in Canton, or State Police acting in Canton your matter will be heard at the 35th District Court located in Plymouth.

There are three judges that your matter could be assigned to at 35th District Court. Our client was assigned to Judge Ronald Lowe for both cases.

We filed a motion in this case to challenge the stop. Police cannot legally pull you over even if there was criminal activity in the area. In this case the person that called the police didn’t see anyone, he simply heard his car alarm go off. It was during the winter and there were no footprints near the car. Basically, there was no identifying information whatsoever, so pulling someone over because they are in the area is not a good stop.

We lost the motion, which was a major disappointment. The prosecutor and cop argued that the vehicle of teens fit the description of the type of thief you would expect to see in this subdivision. The judge agreed. Frankly, we should have appealed. This case was a winner. The client and his family were split on the issue as to whether or not we should appeal. The client decided that he just wanted to resolve the case and not drag it on so that is what we did.

Holmes Youthful Trainee Act – HYTA

When we went back to court and appeared in front of Judge Lowe we had a fairly long sentencing hearing where we made a motion and convinced Judge Lowe to accept our client under a special statute for both possession of marijuana charges.

In this particular case the statute is called HYTA, which is short for Holmes Youthful Trainee Act. HYTA allows a person to receive special status where the legal effect is that they are not convicted of a crime. Under HYTA you will not have an arrest record or a criminal conviction. Under HYTA you can legally tell schools, employers, and anyone else that you have never been convicted of a crime. HYTA is not automatic and many judges need to be convinced that they should grant a person the special status. In some cases the prosecuting attorney in addition to the judge must agree to the special status.

Our client was granted HYTA, and now, no one but him can even look at the file at the 35th District Courthouse. No criminal record, no loss of license, no branding of being a drug addict.

Bond Violation – 35th District Court

Three things can happen regarding a bond in a criminal case. When you are charged with a crime the police may make you post a bond in order to go home, or they may take you to the judge who will make you post a bond, or you will be given a ticket to show up to court and when you do you will have to post a bond.

A bond is a promise that you will come back to the courthouse and answer to your accusers. In this case our client had to answer to the 35th District Court and Canton Prosecutor.

The term “post a bond” is used loosely because you may not have to physically post anything at all. You could get a personal bond where you simply promise that you will come back to court but if you don’t you owe money. In other cases you will have to actually pay money in order to leave the court. This money will be given back to you if you are found to be not guilty or your case is dismissed.

Along with posting the money or making the promise in order to leave the court the judge may add bond conditions. In almost every criminal case one of the bond conditions is to not be charged with a new crime like our client was. If you violate your bond you can be held in jail while your case progresses. It also increases the chances of being sentenced to jail rather than probation if you end up pleading guilty later or you are found guilty.

Since our client was charged with a new crime while he was on bond he violated his bond conditions, which meant the judge could revoke his bond and put him in jail and also meant that his odds of going to jail were greater.

We were able to get the judge to overlook the bond violation. Again his charge was sealed, and no one will know about it.

Canton Lawyer

If you have been charged with a crime in Canton or you have to answer to the 35th District Court then you need to call Canton lawyer, Aaron J. Boria.

Boria is an experienced criminal defense lawyer that goes above and beyond for his clients to obtain results that other lawyers simply cannot. Call (734) 453-7806 or email borialaw@gmail.com for a consultation.

 

 
Domestic Violence – Possession of Marijuana – Plymouth Lawyer

This case started out as a mess. Our juvenile client was on probation for a possession of marijuana offense when she was charged with a new domestic violence charge. She was ordered to appear in the 35th District Court in Plymouth as well as the Wayne County Circuit Court. Her and her parents were terrified of what might happen to her and how it could affect the rest of her life.

The called Plymouth lawyer, Aaron J. Boria and the end result was a complete dismissal of the domestic violence charge in Wayne County Circuit Court and the possession of marijuana charge was reduced, sealed, and dismissed so that no one would ever know about it and our client would never have to admit that she had been convicted of a crime.

If you have been charged with a crime in Plymouth, Wayne County, or anywhere else in Michigan contact Plymouth lawyer, Aaron J. Boria. We represent people in the tough cases, accused of crimes, and we obtain fantastic results that other lawyers simply cannot. Unlike many lawyers simply looking to take on as many cases as possible, Boria takes on a limited number of cases at a time to ensure that his clients get the absolute best possible representation. Call (734) 453-7806 today for a free consultation to see if we are the right fir for you and you are the right fit for our firm.

Possession of Marijuana Plymouth

When we got involved with the case the client was already on probation at the 35th District Court in Plymouth for possession of marijuana. Her case was assigned to judge Gerou. The domestic violence charge downtown in Wayne County is what prompted the parents to retain Boria Law.

We met with the Plymouth prosecutor and were able to get them to agree to give our client a second chance. Her case will be put on schedule to be dismissed after 8 months as long as she completes a simple probation terms which includes not getting arrested again. On top of that we were able to get the charge reduced from possession of marijuana to possession of paraphernalia.

Had she been convicted of possession of marijuana her Michigan driver license would have been suspended for six months, she could have lost the ability to get financial aid and other government loans, she also would have been permanently marked a drug user on her criminal record. None of these things will happen now that we were able to get the possession of marijuana sealed and dismissed. Even if she isn’t successful on probation only the paraphernalia charge can show up on her record because we also obtained a reduction on the charge, which will still save her driver license and ability to get student loans.

Domestic Violence Plymouth

While the Marijuana case was pending our client got into a fight with a close family member. The verbal argument lead to our client physically attacking a family member. That, combined with drug use, prompted the family to call Plymouth Police. The police showed up the family member that was assaulted gave a statement that the client had hit him. The Plymouth police arrested the client for domestic violence against a family member. She was held in jail for a few days before she was released.

The police filed the domestic violence charge with the Wayne County Prosecutor’s office and it was sent downtown to the Wayne county Circuit Court for Juveniles. Again, the family made the right call and hired Aaron J. Boria Plymouth criminal lawyer.

In a domestic violence case the prosecution must prove beyond a reasonable doubt that an assault or battery occurred. An assault is the threat of an unwanted physical touch against another person with the ability of carrying it out. A battery is the completion of the assault. In addition to proving an assault or battery occurred the prosecution must also prove that it was against a family member, roommate, or someone you were in a dating relationship with. In this particular cast the prosecution had evidence or a battery by one family member against another, so they had a strong case.

Once we went downtown we were able to show the prosecutor that our client was having a hard time with life was much more than a delinquent teen. The prosecutor agreed and dismissed the charge. As a result, our client did not have to pay any fines or money to the court and will not have a criminal record from the incident.

Plymouth Criminal Lawyer

This case started out as an absolute mess. A teenage kid was charged with a drug crime and an assault crime that was going to be on the record for the rest of her life before she even got a chance at life.

Plymouth criminal lawyer, Aaron J. Boria is happy that he was able to obtain a result that would give this teenage a second chance at life. She will never have to disclose that she was convicted of a crime.

If you’ve been charged with a crime, whether you are a teenager or an adult, drug crime, assault, or some other criminal charge, you will need an aggressive criminal defense lawyer that can obtain fantastic results. Call Plymouth criminal lawyer, Aaron J. Boria at (734) 453-7806 or email Boria directly at borialaw@gmail.com to see if your case is the right fir for our firm.