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Possession of Controlled Substance

Possession of Controlled Substance can include anything from street drugs like cocaine or meth, to prescription medications like Vicodin.

Most of these charges are felonies that carry possible jail or even prison time, massive fines, loss of your driver license and more. 

If you are facing charges then you need to call criminal lawyer, Aaron J. Boria at (734) 453-7806.

Possession of Controlled Substance Charges

To prove possession of controlled substance the prosecuting attorney would have to prove the following beyond a reasonable doubt:

First, that you possessed a controlled substance.

To prove possession the prosecutor would have to show actual physical control or the right to control the item even if it’s in another room. Possession doesn’t necessarily mean ownership.

Second, that the substance possessed was a controlled substance.

Third, that you knew that you were possessing a controlled substance.

If you are accused of possessing prescription drugs then the prosecutor would also have to prove that the substance was not obtained by a valid prescription given to you.

If even one element is not proven beyond a reasonable then you are not guilty. Common defenses include that you were not in actual or constructive possession of the drug. 

Possession of Controlled Substance Penalty

Possession of ecstasy or MDMA is probable punished the most harshly. It is a felony punishable by up to 10 years in prison and a fine of up to $15,000.

Cocaine is probably the next most severe drug crime. Any amount under 25 grams of cocaine is punishable by up to 4 years in prison and a fine of up to $25,000.

Other controlled substances such as Xanax are punishable by up to two years in prison and a fine of up to $2,000.00.

Controlled Substance Lawyer

If you have been charged with a drug crime in Michigan then you need controlled substance lawyer, Aaron J. Boria (734) 453-7806. We have kept numerous clients out of jail, and obtained countless dismissals.

Even if you believe you are guilty, it might be possible to change the offense to a non-felony offense, or even seal your record to avoid a conviction.