Wayne County Drug Crime Lawyer

Many Wayne County drug cases begin with a search: a traffic stop, a street encounter, or a search warrant for a home. Attorney Christopher Brown is a Wayne County drug crime lawyer and former Detroit police officer who knows the rules for those searches, and where officers go wrong. He defends drug charges in every Wayne County court.

Recent Drug Case Results

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

Cocaine Possession With Intent to Deliver Dismissed After a Search Warrant Challenge — Detroit

The officer in charge obtained a search warrant for our client’s home based on claims of heavy foot traffic at the house at all hours of the night. The affidavit also relied on an informant who said he had been inside the home and saw what he “believed to be” drugs. In addition, the officer had cut and pasted boilerplate language into the affidavit that had nothing to do with the facts of this case. Our client was charged with possession with intent to deliver cocaine, a felony. We challenged the warrant on its face. Although courts give deference to a magistrate’s decision to issue a warrant, we showed that the affidavit didn’t provide a substantial basis for probable cause, and the court dismissed the case.

36th District Court — Detroit, Wayne County

20-Year Cocaine Delivery Felony Reduced, Then Dismissed Under 7411 — Detroit

Our client was the target of a narcotics investigation. The informant was a close friend who was angry with our client over an unpaid debt. Detroit police obtained a search warrant based on an alleged controlled buy, and our client was charged with possession with intent to deliver 50 to 449 grams of cocaine, a 20-year felony.

At the preliminary examination, testimony established that police never searched the informant before the alleged buy and never recovered the marked money. We filed motions to dismiss highlighting the informant’s motive and the failures in the investigation. The prosecutor reduced the charge to possession of less than 25 grams, a four-year felony, and our client was granted 7411 status. After one year of probation, the case was dismissed, with no conviction and no public criminal record.

Detroit, Wayne County

Drug Case Dismissed After the Video Disproved “Consent” — Hazel Park

A suburban police narcotics unit followed our client after he left a location they suspected was involved in drug activity. They followed him all the way to Detroit and back. Once he returned to their jurisdiction, they stopped him.

He had committed no traffic violation. The officers simply suspected a drug transaction, and they claimed he consented to a search of his car. The video showed he never consented. We filed a motion to suppress the evidence, and the prosecutor dismissed the case in the 43rd District Court in Hazel Park.

43rd District Court — Hazel Park, Oakland County

See more of our case results.

Michigan Drug Charges and Penalties

Michigan drug penalties depend on the type of drug, the amount, and whether the prosecutor charges possession or intent to deliver. For example, for cocaine and other Schedule 1 or 2 narcotics:

Possession of less than 25 grams: a felony punishable by up to 4 years in prison and a fine of up to $25,000.

Possession with intent to deliver less than 50 grams: a felony punishable by up to 20 years in prison and a fine of up to $25,000.

Use of a Schedule 1 or 2 narcotic: a misdemeanor punishable by up to 1 year in jail and a fine of up to $2,000.

Penalties increase with larger amounts and prior convictions.

Every Case Starts With the Search

Attorney Brown reviews every drug case for constitutional violations. When the stop, the search, or the warrant doesn’t hold up, that’s leverage. Sometimes it leads to an outright dismissal. In other cases, it supports a strong negotiated result. Either way, the client weighs the pros and cons with our input and makes the final decision.

When the suppression facts are strong, Attorney Brown asks for a suppression hearing and cross-examines the officers. Having served as a police officer for years, he knows what police training teaches, the shortcuts officers take, and the common mistakes that violate a person’s constitutional rights.

Challenging a Drug Search Warrant

A search warrant isn’t the end of the story. Michigan law requires the judge or magistrate to find probable cause based only on the facts in the officer’s affidavit. Courts give that decision deference, but it still needs a substantial basis in the affidavit itself. A Wayne County drug crime lawyer can challenge a warrant in several ways:

• The affidavit doesn’t establish probable cause. Even if every fact in it is true, it may not show a fair probability that police will find drugs in the place they search. Boilerplate language copied from other warrants doesn’t add real facts.
• The informant’s information doesn’t meet the law. When an affidavit relies on an unnamed informant, Michigan law requires facts showing the informant spoke from personal knowledge and is credible or reliable. A bare claim that an informant is reliable isn’t enough.
• The affidavit contains false statements or leaves out key facts. If the officer knowingly or recklessly included a false statement, or left out important information, and the corrected affidavit no longer shows probable cause, a court can suppress the evidence. Making that showing requires specific proof, not just a general claim.

As our Detroit warrant case shows, a warrant built on vague claims and cut-and-pasted language can fall apart.

Confidential Informants

Prosecutors don’t have to reveal every informant’s identity. However, the protection isn’t absolute. When an informant witnessed or took part in the alleged crime, or could offer testimony that helps the defense, the court may review the informant’s role privately or order disclosure. A focused, well-supported request has the best chance of success.

Drugs Found in a Car or Home: Constructive Possession

Prosecutors can charge you with possession even if the drugs weren’t in your pocket. Prosecutors often charge “constructive possession” when drugs turn up in a shared car or home. However, simply being present where police find drugs isn’t enough by itself. The prosecutor must prove you knew the drugs were there and had control over them.

A strong defense looks at who else had access, whether someone hid the drugs, who owned or drove the car or lived in the room, and whether any evidence actually ties you to the drugs rather than just to the location.

Reductions and First-Offender Options

When the evidence is strong, a Wayne County drug crime lawyer can still use leverage. In Attorney Brown’s experience, common results include:

• Felony to misdemeanor reductions, such as loitering where drugs are kept, or a drug “use” charge instead of possession or delivery.
• Deferral under MCL 333.7411, Michigan’s first-offender drug law, which can lead to a dismissal with no public conviction.
• HYTA, the Holmes Youthful Trainee Act, for offenses committed between ages 18 and 25, which can also end in a dismissal. From age 21 on, it requires the prosecutor’s consent.

As our Detroit cocaine delivery case shows, the prosecutor can reduce a 20-year felony, and the court can later dismiss it under 7411.

Which Wayne County Courts Hear Drug Cases

Drug cases start in the district court where the arrest happened. Felony cases move to the Third Circuit Court if bound over. Several Wayne County district courts also run drug or combined drug and sobriety treatment courts for eligible clients. We defend drug charges in every Wayne County district court, including the courts serving Detroit, Dearborn, Dearborn Heights, Livonia, Westland, Canton, and Taylor.

For drug crime defense in Oakland County, see our Oakland County drug crime page.

We also handle Wayne County drunk driving, gun, and domestic violence cases.

Wayne County Drug Crime FAQ

Can a drug search warrant be challenged?

Yes. If the affidavit doesn’t establish probable cause, relies on an informant without the facts the law requires, or contains false statements or key omissions, a Wayne County drug crime lawyer can move to suppress the evidence.

Can I be charged if drugs were found in a car or house I share?

Yes, but presence alone isn’t enough. The prosecutor must prove you knew about the drugs and had control over them.

What is 7411?

It’s Michigan’s first-offender drug law. If you qualify and complete probation, the court dismisses the case without a public conviction.

Can a felony drug charge be reduced to a misdemeanor?

Often, when the defense has real leverage. Common reductions include loitering where drugs are kept or a drug use charge, both misdemeanors.

Talk to a Wayne County Drug Crime Lawyer

• Former Detroit police officer who knows the rules police must follow for drug searches and warrants
• Assigned counsel in Wayne County Circuit Court from 2009 to 2020
• Licensed in Michigan since 2008, with experience before every district court judge in Wayne 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.