Drug Offenses

Defending Against Drug Crimes Charges

Peter Ellenson, Criminal Defense Attorney
Oakland County, Michigan ∙ Detroit Metro Area
248-691-9020 ∙ E-Mail

In building a defense against a drug crimes charge, there is a lot of work to do before we even get to the question of guilty versus not guilty.

Illegal Search and Seizure

In drug crimes cases especially, the first job of a criminal defense lawyer is to protect the client's constitutional rights — especially the constitutional right against unreasonable search and seizure given by the Fourth Amendment.

If the search or seizure was illegal under the Constitution, then the prosecutor will be barred from using any evidence obtained during that search and seizure. In every case where my client is charged with illegal possession, distribution or manufacture of narcotics or controlled substances, I conduct an independent investigation into the police actions that led to the arrest.

• Was the vehicle stop improper? Did the police have a valid reason to stop the car, and then to search the car?
• Did the police have a valid reason to search the home or other property?
• If wiretapping was involved, was the wiretapping properly authorized by a judge?
• If my client said anything to the police, was my client first given the proper Miranda warnings? If my client made any requests to the police during interrogation, did the police respect those requests?

If my client's constitutional rights were violated during the police actions that led to the arrest, the case may be over right there.

Can the Prosecutor Prove the Drug Crimes Case?

If we cannot prevail on constitutional grounds, then we examine all of the circumstances and prepare a defense on the facts of the case. It is the prosecutor's job to prove the case against my client — and it is my job to stop the prosecutor from proving the case.

Does the prosecutor have evidence that my client actually knew about the illegal drugs? Or was it a case of “mere presence”? In other words, did my client have any role in the drug-related activity, or was he an uninvolved bystander?

Not-Guilty Verdict: Marijuana Manufacturing

The prosecutor charged my client with manufacturing (growing) marijuana in the backyard of the house she lived in, a seven year felony. With her prior record, she faced prison. The testimony at trial proved that the backyard was, in fact, filled with marijuana plants and my client did, in fact, live in the house. Worse, an officer testified that he saw my client hiding marijuana plants in the oven.

However, at trial, I forced the police officers to admit that my client did not own or lease the home, and that nobody actually saw her work in the backyard. I prevented the prosecutor from making his case, and my client was found not guilty of the felony charge. The jury found her guilty of simple possession of marijuana, a misdemeanor. The judge gave her probation.

Read more about past cases I have handled on the Representative Cases page of this Web site.

Get Experienced Legal Representation Today

Drug crimes charges need to be fought aggressively, intelligently — and immediately. You need a smart and experienced advocate on your side as soon as possible, to speak for you and build a defense on your behalf.

Call me anytime, and I will be at your side, working aggressively to protect your rights and your freedom.

Call 248-691-9020 or send me an e-mail for a prompt response.