Can I Get My Drug Charge Dismissed or Reduced in Michigan?

Apr 21, 2025, by Maurice Davis in Criminal Defense, Drug Crimes

Most states have stiff penalties for drug-related convictions and Michigan is no different. Repeat convictions for drug offenses with certain drugs can even mean life in prison. Besides incarceration, there are hefty fines, and the consequences that come with having a criminal record.

To avoid not only the chance of harsh sentencing, but also collateral damage from drug convictions, you need a criminal defense attorney to fight for you. At Davis Law Group, our Michigan attorneys understand how life-changing a drug conviction can be and will work hard to get your charges dismissed, and if that isn’t possible, to get them reduced.

To have the best chance of your charges being dismissed or reduced, however, remember two things:

Do not speak to officers or prosecutors. Invoke your right to a silence upon arrest.
Exercise your right to an attorney.

If you’ve been charged with a drug offense, don’t delay in seeking our help. Contact us at (313) 818-3238 for a free case consultation.

How Do I Get My Drug Charges Dropped or Dismissed in MI?

When you’re facing drug charges in Detroit, hiring a criminal defense attorney is a crucial early step to getting your charges dropped. Not only can they handle communications with the prosecutor or the court where your charges are filed, but they can ensure your situation does not escalate. They will investigate your case and begin building a defense against the drug charges.

What Defenses Can Help Against Drug Charges in Detroit?

There are many possible defenses you can use to fight against your drug charges. Your defense attorney can explain which may be the most helpful to your specific situation. Your trying to create doubt against the prosecutor’s story. They have a responsibility to prove beyond a reasonable doubt that you possessed an illegal controlled substance, you knew you had the drug on your person, or that you knew it was illegal. Your attorney can try to prove that you did not have actual possession of the drugs, or that you did not have “constructive possession” of the drugs. Basically, your lawyer is arguing that you did not know about the drugs and even if they were found near you or on your property, they did not belong to you.

Possible ways to defend against charges include:

You Did Not Know the Drugs Were Near You

Known as unwitting possession, your lawyer can argue that you didn’t know you had possession of the drugs. Imagine that you were carrying someone else’s bag, but you didn’t know there was a bag of cocaine inside it. If you were arrested for cocaine possession, your attorney could make a strong case you were unaware of the cocaine before someone handed you the bag.

You Did Not Actually Have Drugs on Your Person

If your drug charge was based on constructive possession, police have accused you of having control of drugs that are not on your person. Let’s say you were arrested during a traffic stop and that police suspect there are illegal substances in your car. If they charge you for drug possession but cannot find any illicit substances in your car, your lawyer can argue that you have not broken the law, and your charges could be dismissed.

Police Misidentified the Substance as an Illegal Drug

Drugs can look similar. Police may believe they are making a valid arrest if they see something that resembles another controlled substance. However, if tests conclude that the police misidentified the drug, your drug defense lawyer can make an argument that you did not break the law, so your charges should be dismissed.

You Were Stopped Illegally

Many drug charges evolve from traffic stops or body searches on the street. Before police can start a traffic stop or talk to you on the street, they must have a reasonable suspicion that you committed some illegal activity. They can’t randomly stop you — they must have a specific and concrete reason to tell the court why they stopped you. Legitimate reasons to stop you while driving include a dead taillight, you were speeding, or you broke a traffic law. Then the officer must observe some behavior that leads them to suspect the presence or use of illegal drugs. If they didn’t have a reason to stop you, the drug charges were illicitly found, giving your lawyer leverage to argue that your charges be dropped.

The Police Did Not Have a Warrant to Search Your Property

Many drug cases involve a search of either your person, property, or vicinity. Police may be searching for materials used to make or consume drugs, the actual drugs, or money used in drug transactions. Most investigations need some kind of search warrant to search you or your property. Your rights against unreasonable searches is protected by the Fourth Amendment. If police violate that right and submit evidence to accuse you of some drug-related offense, your attorney can argue to suppress or exclude that evidence, making prosecutors’ jobs more difficult.

It’s important to note there are exceptions to searches without warrants. If you agreed to the search, the evidence was obvious, or you were searched because you were arrested for another charge, your rights were not damaged. It’s critical to remember that you can deny the police the right to search your car if they do not have a warrant.

Police Were Illegally Surveilling You

Along with protections against illegal searches or seizures, the Fourth Amendment also says that police cannot illegally surveil or wiretap you. The amendment argues you have the right to a certain amount of privacy without government intrusion. Illegal wiretapping or surveillance is a breach of your rights. Your drug defense lawyer can argue that police surveilling you without the necessary warrants violates your basic rights, and that could lead to dropped drug charges.

Can I Take a Plea Deal to Reduce My Drug Charges?

Your attorney can argue for dropped charges, but there may be some circumstances where you are going to be found guilty of some kind of crime. You can avoid the worst penalties by accepting a plea deal to accept reduced charges. Not every case needs to go to trial — agreeing to accept guilt for some of your charges can get you preferred sentencing as opposed to a prolonged trial in court.

Accepting a plea deal is not a get-out-of-jail-free method for drug charges. Instead, you will face less time behind bars, lower fines, and shorter probation periods. Your attorney may be able to argue for probation instead of incarceration, meaning you can keep your job and prevent the loss or restriction of child custody. Alternative sentencing programs may worth pursuing, something that your drug defense attorney can explain to you.

What Are the Downsides to Taking a Plea Deal for a Drug Charge?

If you do consider taking a plea deal for your drug charges, there are some potential negatives to remember. By pleading guilty to a drug crime, you are putting that on your criminal record. You may experience some collateral consequences, like minor jail time, fines, or difficulty with housing or employment. You may even lose access to certain rights, like your right to own a gun. The terms of your probation could limit your ability to move around Michigan or your ability to even use legal recreational substances like beer or alcohol.

Make sure you discuss the full terms with your defense attorney before you agree to a plea deal.

How to Get Started on Your Drug Charge Defense in Detroit

When you’ve been accused by law enforcement of some kind of drug offense, you need to work quickly to limit the damage to your reputation and your criminal record. There may have been a mix-up or your rights may have been violated. Whatever the case, you have the right to defend yourself against accusations of legal wrongdoing. After you’ve made bail, your first step should be to contact a Detroit drug defense lawyer like Attorney Maurice Davis with the Davis Law Group. They will begin working on your defense and help you find evidence to prove you have not broken any drug laws or that law enforcement illegally obtained their evidence against you.

By hiring a capable and qualified defender like Maurice, you stand a better chance at getting your charges reduced or dismissed outright.

Facing a Michigan Drug Charge? We Can Help

Unfortunately, criminal charges involving drugs are common in Michigan and convictions bring harsh penalties. It is a very serious matter if you are facing drug charges and you need an experienced criminal defense attorney on your side. Having the Davis Law Group fighting for you can make all the difference to your case outcome. We can work to have your charges dismissed and if that isn’t possible, that they are reduced as low as possible.