A Shyler Engel, PLLC client was caught over the summer with heroin during a massive police operation, known as Smack Down. While it was suspected that he was actually dealing heroin, our client was charged with possession. Our client had a prior heroin felony conviction which had already been deferred though §7411. §7411 is only available one time. He was also subject to the “double penalty” provision of the Public Health Code, which doubles the potential jail or prison sentence. Accordingly, at first, our client was told by the prosecution that he had no opportunity other than to ask the judge for leniency to not be sent to prison. However, recognizing the chain of custody issues that existed during our client’s particular circumstances, Shyler Engel was able to secure a misdemeanor plea and probation. As long as he complies with the terms of probation, our client will not spend a single day in jail despite possessing heroin.
To read more about this Smack Down operation: http://www.freep.com/story/news/local/michigan/macomb/2015/06/05/heroin-crackdown-macomb-detroit-police/28533349/