Possession of Drugs – Marijuana Lawyer – Manufacture Delivery
Our client was charged with multiple counts of manufacture and delivery of marijuana as well as conspiracy charges, serious felonies that carry significant prison time. The case started back in 2011. Criminal lawyer, Aaron J. Boria wasn’t involved until 2015, and finally, in 2016 we were able to obtain a resolution for our client where he would get probation for 11 months on a reduced misdemeanor no jail time, all other charges dismissed.
Manufacture Delivery of Marijuana – Manufacture Delivery Drugs
Back in 2011 our client got involved with a group of people who wanted to open a marijuana dispensary, after all, it’s legal if you have a card, right? Wrong. These people had approval from the local city government, but not from the county and therefore not from the State of Michigan. The Oakland Prosecutor and the Oakland County Sheriff did not take kindly to the marijuana dispensary. Their position is very conservative anti-marijuana anti-medical marijuana one. They are looking to make arrests and obtain drug crime convictions, not to help people get medicine.
Even though many of the facts in this care are public information, some of the individuals from the dispensary are still going through this mess so I can’t discuss the case as much as I normally would. What I can say is that Oakland County Sheriff gathered information against my client and the other workers at the dispensary. A raid was ultimately conducted and our client along with many others was arrested.
Our client was charged with three counts of delivery and manufacture of a controlled substance and conspiracy, contrary to MCL 333.7401(2)(D)(iii). Each count is punishable by up to four years in prison and a fine of up to $20,000.00.
What is a Preliminary Examination?
This occurred in Ferndale Michigan and the preliminary examination was held at the 43rd District Court on 9 mile in Ferndale. The preliminary examination is a hearing in felony cases only. This hearing is held in the district court and the prosecution has to prove that a crime was probably committed and that the person accused is the one that probably committed it. This is not the same standard of guilt beyond a reasonable doubt, which would apply at a jury trial. This examination is used to weed out bad cases, and is often used as a strategy by the defense to see what evidence the prosecution has and to lock them into their stories.
If a judge belies there is probable cause in a criminal case then the matter will be bound over to the circuit court that has jurisdiction over the district court. In this case the matter was bound over from Ferndale District Court so it went to the Oakland County Circuit Court at the 1200 building in Pontiac.
Once the case was bound over to circuit court it was assigned to Judge Dan O’Brien. Judge O’Brien is a reasonable judge but he does not give promises as to what someone’s sentence will be as the time the defendant pleads guilty. This means that we had to convince the judge to go along with the plea agreement at sentencing which is a bit risky, but we were successful.
Possession of Marijuana – Criminal Lawyer
This case was all over the place from district court to circuit court to the court of appeals and back again. By the time our clients previous lawyer left and we were retained the case had been going on for almost five years. Some of the best criminal defense lawyers in Michigan (if not the best) were involved with the case including Tom Lobe, Neil Rockhind, Paul Tylenda, and Mary Chartier among others. It was an honor to work with these esteemed colleagues.
After some negotiations Aaron J. Boria was able to get the Oakland County Prosecutor to offer our client a great deal where our client would not do any jail time, would not have to do any community service, would not even be required to have a job, and would be put on probation for 11 months and end up with a misdemeanor possession of marijuana. His fine was reduced to a few hundred bucks. This would give him an opportunity not to have a felony on his record.
Not bad considering our client went from facing multiple felonies and years in prison to probation for less than a year and a misdemeanor, especially in one of the most strict courthouses in Michigan with probably the most strict prosecutor’s office opposing us.
Michigan Criminal Lawyer Aaron J. Boria
Criminal lawyer, Aaron J. Boria has represented hundreds of people charged with crimes and obtained amazing results for them. We are based in Plymouth Michigan and primarily defend those accused of crimes in Wayne County and Oakland County, but we have appeared in courts as far north as the Upper Peninsula, and as far west as Kalamazoo.
We do not take every single case that walks in the door, we just simply cannot. When we agree to take on someone’s case we do so when we know we have the time to commit to it that the client deserves. We screen each case and make sure that we are a good fit for the client and they are a good fit for us. This way we can make sure that our client’s get the absolute best possible criminal defense.
Call (734) 453-7806 or email BoriaLaw@gmail.com to see if your case is a good fit for us.
