If you are charged with Obtaining Controlled Substance by Fraud in Livonia, Michigan, you need the help of an experienced Livonia criminal defense attorney. I can provide you with nearly 20 years of experience and a willingness to fight and take cases to trial.
Obtain Controlled Substance by Fraud is a class G felony that carries up to 4 years in prison (48 months). If you are arrested and charged with Obtaining Controlled Substance by Fraud, your first court appearance will be an arraignment in the 16th District Court in Livonia, Michigan. Learn more about an arraignment now. At the arraignment, your case will be scheduled for a probable cause conference and a preliminary examination. Bond will also be addressed at the arraignment. The probable cause conference must be scheduled within 7 to 14 days of the arraignment with the preliminary examination scheduled within 5 to 7 days after the probable cause conference.
Following the preliminary examination, further proceedings are held in the Wayne County Circuit Court at the Frank Murphy Hall of Justice in downtown Detroit. If there is virtually any evidence supporting the prosecutor's case, it is extremely likely that the matter will be bound over in the district court. Nonetheless, I almost always challenge cases at the preliminary examination because it is the best opportunity that the defense is presented for challenging the evidence and developing the facts that will support defenses in the circuit court. DO NOT WAIVE THE PRELIMINARY EXAMINATION WITHOUT MAKING AN INFORMED DECISION.
The charge of Obtaining Controlled Substance by Fraud is detailed in the Michigan compiled laws, MCL 333.7407(1)(c). The provisions of MCL 333.7407 state:
(1) A person shall not knowingly or intentionally:
(a) Distribute as a licensee a controlled substance classified in schedule 1 or 2, except pursuant to an order form as required by section 7331.
(b) Use in the course of the manufacture or distribution of a controlled substance a license number that is fictitious, revoked, suspended, or issued to another person.
(c) Acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge.
(d) Furnish false or fraudulent material information in, or omit any material information from, an application, report, or other document required to be kept or filed under this article, or any record required to be kept by this article.
(e) Make, distribute, or possess a punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon a drug or container or labeling thereof so as to render the drug a counterfeit substance.
(f) Possess counterfeit prescription forms, except as an agent of government while engaged in the enforcement of this part.
(2) A person shall not refuse or knowingly fail to make, keep, or furnish any record, notification, order form, statement, invoice, or other information required under this article.
(3) A person who violates this section is guilty of a felony, punishable by imprisonment for not more than 4 years, or a fine of not more than $30,000.00, or both.
Obtaining Controlled Substance by Fraud under Michigan sentencing guidelines is scored under crimes involving a controlled substance (CS). Under the guidelines, a person who is convicted of Obtain Controlled Substance by Fraud with no prior record and no aggravating factors looks to the low end of the guidelines which call for up to 3 months. With no prior criminal record but horrible facts, the defendant can face 9 months. With a terrible criminal record and terrible facts, the accused can be looking at 23 months under the guidelines.
The jury instructions set forth the following elements for Obtain Controlled Substance by Fraud that must be proven beyond a reasonable doubt by the prosecuting attorney:
I can't emphasize enough how important it is to focus on the jury instructions while preparing a defense to the offense of Obtaining Controlled Substance by Fraud. While there are a number of defenses to Obtain Controlled Substance by Fraud that we can explore during a consultation, the elements contained in M Crim JI none provide a roadmap for defending the case. This is true in almost every single case, and really great defense attorneys focus early on these jury instructions.
As a cautionary note, you might be completely innocent but still face criminal charges. Even worse, you might be denied bail, forced to spend months in jail before you are vindicated. I have seen many cases where a truly innocent client is baffled, angry and scared, completely unable to understand why police and prosecutors are gunning to get a conviction. So long as probable cause is established at the preliminary examination, then the matter will be bound over for trial in the 3rd Circuit Court for the County of Wayne and further proceedings will be held in the Frank Murphy Hall of Justice in downtown Detroit. This is why it is so important that you contact an experienced Livonia criminal defense attorney to help you defend against criminal charges in the 16th District Court.
*represents an aberration under the guidelines that might result in county jail time or violate the 2/3rd maximum minimum rules under the guidelines, which is something that must be discussed with your attorney.