Possession of Marijuana Archives | Page 2 of 3 | Shyler Engel, PLLC

April 12, 2015
A non-medical marijuana Shyler Engel, PLLC client was charged with possession of marijuana. After reviewing the client’s limited medical history it was determined that the client had an arguable Section 8 defense. After filing three separate motions regarding the proper scope, burdens, and timing of the Section 8 hearing, the prosecutor decided it was time to make the client a deal. Rather than the license-suspending drug misdemeanor, the client would plead guilty to simply Improper Transportation of Marijuana, and after successfully completing non-reporting probation, the charge would come off the client’s record as if it never happened. No probation, no testing, no license suspension, and a clean record.
February 22, 2015
A Shyler Engel, PLLC non-medical marijuana client was charged with Possession of Marijuana and Improper Transportation of Marijuana after a traffic stop in the early morning. The client informed us that he had seen a doctor who certified him for medical use of marijuana, however he had never attained a valid patient card. Arguing that the charges would both be dismissed if were successful at a Section 8 hearing, the prosecutor dismissed the marijuana possession misdemeanor and offered that the Improper Transportation charge would come off of our client’s record after a term of non-reporting and non-testing probation. When the judge learned that the plea and sentence agreement was for non-reporting and non-testing, the judge simply terminated probation successfully on the same day of sentencing. The result: all marijuana charges dismissed with no consequences other than a small fine for a non-medical patient.
November 15, 2014
A Shyler Engel, PLLC client was recently raided by a local drug task force. A large marijuana grow was discovered in the industrial park location with far too many plants to easily qualify for medical marijuana protections. Also discovered by the police were prescription drugs that the client simply had no legal right to possess. The client is a habitual offender and was charged with enhanced felonies and faced up to eight years in prison. Realistically the client’s sentencing guidelines indicated that he would likely be sentenced to jail for at least 6 months, and maybe even get prison time. However, arguable search and seizure issues became apparent during the course of this firm’s investigation of the incident. Making the prosecutor aware of these issues, Shyler Engel was able to secure a plea to only misdemeanors. Then, with a generous sentencing recommendation from the prosecutor, our client was sentenced to only non-testing, non-reporting probation for one year, and fines and costs. To this client, this was a stellar consequence-free result.
October 17, 2014
A Shyler Engel, PLLC non-medical marijuana client was caught with marijuana under the passenger seat of his friend’s car. He admitted the marijuana was his and was charged with Possession of Marijuana and Improper Transportation of Marijuana. Since the traffic incident, my client had become a registered patient under the Medical Marihuana Act. A plea deal was reached with the prosecutor for an outright dismissal of both the Possession charge and eventual dismissal of the Improper Transport charge after a short term of probation. With all charged dropped, it was a no-brainer for my client, and all that was left to do was get the court to set terms of his probation during the delayed sentence period. However, the day before we were scheduled to place the plea agreement on the record, the probation office told us that they would vehemently oppose my client being able to use marijuana while on probation, and wanted him to be subjected to random testing. Despite the stellar plea deal, my firm is committed to getting the results my clients want; testing probation was simply not what we wanted. After starting discussions completely over with both the prosecutor and the probation officer, neither budged, and the prosecutor objected to private discussions with the judge to see what she might do regarding testing probation. They wanted testing and they were going to get it. We considered pulling the deal and taking the matter to trial, but inevitably my client decided to take his chances with the judge. I detailed the need for use of marijuana while on probation compared to the probation office’s meritless recommendation for no marijuana use. The judge agreed with us and placed an explicit term in her order of probation that he be permitted to use marijuana, and that he would not be drug tested randomly. My client left the courthouse with essentially only a fine. No criminal record after non-reporting probation, no jail, no testing, no license sanctions.
October 1, 2014
A Shyler Engel, PLLC client was pulled over for an expired license plate. When he approached the car, the officer claimed that he smelled burning marijuana. While searching the car, the officer discovered a still-warm roach. The client did not have a medical marijuana card. My client was charged with possession of marijuana and the expired plate. Shyler Engel appeared and argued the even though he was not a patient with the Medical Marihuana Program through LARA, he was still entitled to medical protections. Rather than hold a Section 8 Hearing, we reached an agreement where the client would plead guilty to a lesser charge of Improper Transportation of Marijuana, and that such charge would be dismissed after a term of probation. At sentencing, Shyler Engel attained the following results for his client: $175 fine, 30 days non-reporting probation, no drug testing, no license sanctions, no jail. After 30 days, the illegal transportation charge will be dismissed. As an update, the charge has been dismissed.
July 7, 2014
A Shyler Engel, PLLC 20-year-old client was caught with marijuana (for the second time) and alcohol just outside of a college campus. He was charged with possession of marijuana and minor in possession (MIP). The client had already benefitted once from a diversion program, and although he was technically eligible for HYTA, this court would not permit it. Furthermore, for a second offense the penalty often includes jail time in this court. Recognizing this, the client faced the choice of either fighting the charges or suffering the penalties of testing probation, and possibly jail. After explaining to the prosecutor the strengths of the client’s case, the charges were dropped in exchange for a plea to “use of marijuana,” the lowest level offense in Michigan involving marijuana, and the judge would have to simply assess only fines and costs. On the day of sentencing, everything went as planned, and the client walked away from these charges for the grand total of $225. No jail. No probation. No testing.
June 23, 2014

A Shyler Engel, PLLC client had been violated for testing positive for marijuana again. The client pled guilty just 3 months ago to his second probation violation for use of marijuana. When he was sentenced, the judge told our client that if he violated again he go to jail for 90 days. Shyler Engel appeared at the probation violation hearing, explained to the probation officer how marijuana metabolizes through each person differently and the complications with the testing agency’s reports. In the end, the probation officer agreed to withdraw the violation if the client stayed negative for the next month. If the client tests negative over the next month, he will not face any possibility of jail time.

June 19, 2014
A Shyler Engel, PLLC client was charged with Improper Transportation of Marijuana after he was caught driving with marijuana in the front seat of his truck. According to the officer’s report the client was able to retrieve the marijuana in under 5 seconds. In a pre-trial conference discussion, the judge suggested that his sentence to any criminal conviction would be for 18 months of probation with frequent tests for marijuana, and he would send the client to jail if he tested positive for marijuana while on probation. After 9 months of litigation and two motions, the prosecutor finally agreed to voluntarily dismiss the charge if the client would plead responsible to a civil infraction traffic ticket. A $200 traffic ticket later, the client has no criminal conviction, retains his ability to use marijuana, and has no probation.
May 23, 2014
A Shyler Engel, PLLC client was caught with marijuana on three separate occasions within 5 months. The first charge was dealt with by another attorney who attained §7411 status for the client.  He was placed on twelve months reporting probation. After he was caught for the second and third time, Shyler Engel, PLLC took over. At the client’s pretrial conference, Shyler Engel was able to convince both the state prosecutor and the city prosecutor that the client’s prior attorney should have used HYTA rather than §7411, which was now detrimental to the client. After a few rounds of negotiation, Shyler Engel was able to secure recommendations for HYTA  from both prosecutors on both the second and third possession charges. When we took the plea agreement before the judge, the judge was hesitant to respect the plea agreement saying it was too lenient on our client. Nevertheless, the judge granted HYTA on both charges. The judge went even further and waived all fines and costs for our client, sentencing him only to six months non-reporting probation and 30 hours community service.
June 5, 2013
A Shyler Engel, PLLC client was pulled over at 2 A.M. for driving without headlights on. A routine stop became serious after the police officer observed marijuana residue on the center console. Arrested for marijuana possession, the police officer began a search of the client’s person and discovered narcotic prescription medication not belonging to her in the client’s purse. She was charged with two counts of the two year felony crime possession of analogues, and misdemeanor possession of marijuana. However, at the client’s preliminary examination, Shyler Engel explained to the prosecutor that the possession of the medication was accidental because a relative had left the medication in the car by mistake. The prosecutor found the argument so convincing, that the felony charges were dropped outright without any plea agreement necessary. However, the officer did discover marijuana as well as the medication. Wanting to get on with her life as soon as possible, the client was happy to enter into a plea agreement to go on probation for as little as 90 days, and upon successful completion of the short term of probation, the marijuana charge will be dismissed as well.