Drug Crimes: Cooperation, Forfeiture of Assets

One thing is guaranteed if you are charged with a drug crime: The police that arrested you are not your friends and will not play fairly with you. If you or a loved one is busted for a drug crime, the police will not tell you that you have constitutional rights and that Michigan laws exist to get drug charges dismissed or reduced.

In addition to the criminal penalties associated with drug crimes, there are a number of other legal predicaments that can arise upon being accused, charged or convicted of a drug crime. Once implicated for possession or delivery of drugs, the government will attempt to enlist the accused party to act as an undercover informant and take legal action to seize any assets associated with the drug enterprise.

Decisions Need to be made as soon as you are accused of a drug crime. The police work for the government, not for you. They will use their authority and your lack of experience to rush you into making serious legal decisions that you may regret. If you find yourself in this position, do not hesitate to retain your own personal criminal defense attorney that will work with you to get you out of the system with the best possible outcome.

Cooperation: Acting as an Informant for the Police

A drug case usually begins when the police find drugs in a person’s possession, within a vehicle or following the search of a building or dwelling. The use of informants (snitches) by the police is widely utilized as an accepted means to facilitate a criminal investigation or make a drug bust. Information which is obtained from informants is used to arrange meetings and undercover drug deals (controlled drug buys). Most of the time an informant is required to introduce an undercover government agent to a drug dealer or is required to engage in a drug transaction while under surveillance.

Cooperation may involve doing dangerous undercover drug deals, wearing a wire and using marked currency. Many clients do not realize that cooperation does not end until the police say it ends, and do not understand that the police cannot make binding deals unless the prosecutor is involved from the beginning.

Under no circumstances should you agree to cooperate with the police without consulting with an experienced Macomb County drug crime lawyer. ABDO LAW criminal defense lawyers in Macomb County have successfully defended clients charged with felony and misdemeanor drug crimes without cooperation.

Government Seizure of Assets, Property Forfeiture

The government has the power to seize cash and assets that is associated with criminal activity. Forfeiture laws are utilized extensively by law enforcement officers in the "war on drugs" at the state and federal level. Pursuant to federal law, 21USC853, a person convicted of a drug crime is subject to a fine of twice the gross profits derived from the underlying offense and required to forfeit to the United States government (irrespective of any provision of state law) the following:

  • Any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation.
  • Any of the person’s property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation.

Forfeiture laws enable the government to seize all proceeds derived from illegal drug activity and any vehicles or buildings (including your personal residence) used to transport, store or distribute drugs.

Get Experienced Drug Crime Lawyers on Your Side

If you are accused with possession or delivery of drugs, the police may give you a conditional release from jail if you agree to act as an informant. You may also be handed legal documents by the police seeking to forfeit your vehicle, cash and other assets. The government will take this action even when only a small quantity of drugs is found, a single pill or drug residue.

Contact ABDO LAW for top rated drug crime lawyers in Macomb County and throughout Metro Detroit. Phone: 586-412-5555. We provide the highest level of legal representation for felony and misdemeanor drug crimes in every court including:

  • 37th District Court (Warren)
  • 38th District Court (Eastpointe)
  • 39th District (Roseville, Fraser)
  • 40th District Court (St. Clair Shores)
  • 41A District Court (Shelby, Macomb, Utica, Sterling Heights)
  • 41B District Court (Clinton Township, Mt. Clemens, Harrison)
  • 41-1 District Court (Romeo, Washington)
  • 42-2 District Court (New Baltimore, Chesterfield)

As we have said, don’t expect the police to play fair if you or a loved one is accused of a drug crime. The police will use scare tactics and discourage the involvement of a skilled criminal defense lawyer. They will do this even when the accused party does not have any prior record and is charged only with “simple possession” or is an innocent passenger in a vehicle. In addition, the police will lead to believe that your troubles are worse than they really are and will never tell you that you might be entitled to a dismissal of a drug crime under special provisions of law such as MCL 333.7411 or HYTA (for youthful offenders age 17 but under 24).

METRO DETROIT CRIMINAL & DUI DEFENSE
Macomb, Oakland, Wayne, & St. Clair

EMAIL or CALL Abdo Law for a FREE CONSULTATION. Phone messages after business hours are forwarded to our attorneys. We offer same day, evening, weekend appointments and the ability to retain us over the internet. We also provide efficient representation for Canadian and out-of-state clients. Payment plans and all credit cards accepted.

CALL: Metro Detroit: 586-412-5555 or Toll Free: 844-Got-Abdo