Macomb County Drug Crime Lawyer

Many drug cases in Macomb County begin with an ordinary traffic stop and end with a search that should never have happened. Attorney Christopher Brown is a Macomb County drug crime lawyer and former Detroit police officer who knows how officers are trained to search, and how to challenge a search that crossed the line. He defends drug possession charges in every Macomb County court, and he works to keep first-time clients’ records clean.

Recent Macomb County Drug Results

Every case is different, and past results do not guarantee a similar outcome.

Methamphetamine Possession Dismissed After an Illegal Pat-Down — Warren

A Michigan State Police trooper stopped our client for speeding in Warren. Our client had a valid license, registration, and insurance. After running his name and learning he had prior drug possession convictions, the trooper had him step out and asked, “You have any felonies?” Our client answered yes, and the trooper immediately began searching him for weapons and found a baggie of methamphetamine in his pocket. At the preliminary exam, the trooper testified that our client consented to a pat-down. But the video showed our client was only answering the question about his record, not agreeing to a search. After the case was bound over, we moved to dismiss based on Fourth Amendment violations. The prosecutor argued the search was justified for officer safety, but the court found no facts supporting that claim and dismissed the case.

37th District Court and 16th Circuit Court — Warren, Macomb County

Cocaine Possession Dismissed Under HYTA After 7411 Was Already Used — Macomb County

Our 23-year-old client was charged with possession of less than 25 grams of cocaine. He had already used his one-time 7411 deferral on an earlier misdemeanor drug case, so that option wasn’t available. Because he was over 20, we had to convince both the prosecutor and the court to accept his case under the Holmes Youthful Trainee Act (HYTA). The key was what our client did right away: he sought treatment after his release and before his first court appearance. We also highlighted his steady work history and his enrollment in trade school. After twelve months of probation, the case was dismissed under HYTA.

16th Circuit Court — Macomb County

See more of our case results.

Drug Possession Penalties in Michigan

Drug possession penalties in Michigan depend on the substance and the amount. These are the maximum penalties for some of the most common possession charges under MCL 333.7403:

Cocaine, heroin, or fentanyl (less than 25 grams): a felony punishable by up to 4 years in prison and a fine of up to $25,000.

Methamphetamine or ecstasy: a felony punishable by up to 10 years in prison and a fine of up to $15,000.

Many prescription pills and other controlled substances: a felony punishable by up to 2 years in prison and a fine of up to $2,000.

LSD or psilocybin mushrooms: a misdemeanor punishable by up to 1 year in jail and a fine of up to $2,000.

Possession with intent to deliver carries much heavier penalties; see our guide to possession with intent to deliver in Michigan. Since adult-use legalization, possession of marijuana within legal limits by adults 21 and older is no longer a crime, although some marijuana conduct can still be charged.

Driving with drugs in your system is charged differently, as OWI. If that’s your situation, see our Macomb County DUI page.

Keeping Your Record Clean With MCL 333.7411

In the right case, Michigan’s first-offender drug law, MCL 333.7411, can keep a possession charge off your public record. The court places you on probation without entering a conviction, and if you complete it, the case is dismissed.

• It’s available for many first-time possession and use charges, but not for delivery or possession with intent to deliver.
• You can’t have a prior drug conviction, and you can use it only once.
• While you’re on probation, the record is nonpublic. If you complete probation, the court dismisses the case without a conviction.
• If you violate probation, the judge can enter a conviction.

In Attorney Brown’s experience as a Macomb County drug crime lawyer, when 7411 is appropriate in a case and available for the charge, we secure it for our clients in nearly every case.

If 7411 isn’t available, clients ages 18 to 25 may qualify for the Holmes Youthful Trainee Act (HYTA), which can also keep a conviction off the public record. For clients 21 to 25, HYTA requires the prosecutor’s consent. In our second Macomb case above, starting treatment early and showing a strong work and school record helped persuade the prosecutor and the court.

Illegal Searches: Where Drug Cases Are Won

In Attorney Brown’s experience, the two biggest search issues in drug cases are consent searches and pat-downs. Both were at the heart of our Warren case.

Consent Searches

Police can search without a warrant if you voluntarily agree. However, the prosecutor must prove that your consent was real and voluntary, and Michigan courts require clear and positive evidence of it. Saying yes to a different question, as our Warren client did, isn’t consent to a search. Officers are trained to make a search request sound routine, such as “I need to make sure you’re safe. You don’t mind if I pat you down?”

Pat-Downs for Weapons

A lawful traffic stop doesn’t automatically allow a pat-down. Police need specific reasons to believe you’re armed and dangerous, and the pat-down is limited to feeling for weapons. If an officer squeezes or manipulates an object to figure out what it is, the search has gone too far. A prior record alone doesn’t make someone dangerous.

Drug Dog Sniffs and Long Traffic Stops

A drug dog can sniff the outside of a car during a lawful traffic stop. But police can’t hold you past the time needed to handle the traffic violation just to wait for a dog, unless they have separate reasonable suspicion. A dog’s alert also doesn’t automatically justify searching you personally. When evidence comes from an unlawful stop or search, the court can suppress it, and without the evidence, the case often falls apart.

If Police Ask to Search You

As both a former police officer and a defense attorney, Attorney Brown gives this advice. It’s general information, not legal advice for your situation.

• If an officer asks to search you or your car, say plainly, “I do not consent.” Don’t explain why, and don’t argue about your rights.
• Expect that, right or wrong, the officer may search anyway. On the roadside, the officer makes the call. The courtroom is where we challenge the search.
• Stay calm and polite, and keep your hands still. Pulling away, stiffening up, or physically resisting can be treated as an assault or an officer safety concern, and that can give police a lawful reason to search that they didn’t have before.

If a detective contacts you about a drug investigation before any charge, learn what to do before you talk.

How a Macomb County Drug Crime Lawyer Builds Your Defense

Beyond the search itself, Attorney Brown reviews every part of the prosecution’s case:

• Possession: Being near drugs isn’t enough. The prosecutor must prove you knew about the drugs and had control over them, which is often disputed when drugs are found in a shared car or home.
• The video: Body camera and in-car video often show what was actually said, as in our Warren case.
• The lab results: The prosecutor has to prove what the substance is and how much there was.
• Drug dog records: When a dog’s alert led to the search, the dog’s training, certification, and field records can be challenged.

As a Macomb County drug crime lawyer, Attorney Brown builds each case from the first traffic stop to the final hearing.

Drug Courts in Macomb County

For eligible clients with substance use problems, a drug treatment court can offer treatment and supervision in place of a standard sentence. The 16th Circuit Court runs an Adult Drug Court, and several Macomb district courts run drug or combined drug and sobriety programs. Admission depends on the court, the charge, and screening.

Where Macomb County Drug Cases Are Heard

Drug cases start in the district court where the arrest happened. Misdemeanors stay there, and felony cases move to the 16th Circuit Court in Mount Clemens if they’re bound over. We defend drug charges in every Macomb County district court, including the courts serving Warren, Sterling Heights, Shelby Township, Clinton Township, St. Clair Shores, Roseville, Eastpointe, Romeo, and Chesterfield Township.

For more about drug charges across Michigan, see our drug crime defense page.

Macomb County Drug Crime FAQ

Can I avoid a conviction for a first drug possession charge?

Often, yes. If you have no prior drug conviction and the charge qualifies, MCL 333.7411 lets you complete probation and have the case dismissed without a conviction. A Macomb County drug crime lawyer can tell you whether you qualify.

Can police search me during a traffic stop?

Not automatically. Police need your voluntary consent, probable cause, or specific reasons to believe you’re armed and dangerous for a pat-down. If they search without a valid reason, the evidence can be challenged.

What if the drugs weren’t mine?

Being near drugs isn’t enough to prove possession. The prosecutor must prove you knew the drugs were there and had control over them.

Should I tell the officer I don’t consent?

Yes. Say plainly, “I do not consent,” and then stay calm and quiet. Don’t physically resist, even if the officer searches anyway. We’ll challenge the search in court.

We also handle Macomb County domestic violence cases.

Talk to a Macomb County Drug Crime Lawyer

• Former Detroit police officer who knows how searches are supposed to be done, and where they go wrong
• Licensed in Michigan since 2008, with experience before every criminal court judge in Macomb County
• Free consultations, available 24/7, in person at our Troy office or virtually
• Credit cards accepted and payment plans available

Call (248) 468-1468 or contact us online.