Investigators will spend weeks, months, and sometimes even years investigating an individual or group for a case. For instance, I represented a client following a joint DEA/FBI investigation that spanned 5 years, totaling 6,100 man hours.
Oftentimes charges in drug offenses are delayed while the State waits on the drugs to be tested, which can take many months depending on the priority of the case.
The process involves catching someone selling or in possession of drugs. Almost immediately, the defendant is offered some kind of deal, which usually includes their release on certain predetermined conditions, like providing information to the police that would allow the arrest of a bigger drug dealer.
However, hair follicle testing can pick up drug use from as far back as 90 days. Blood Testing: Finally, a family court may also order blood testing. This is considered to be an especially invasive type of drug testing.
The investigation could last weeks, months, or even years. During this time, federal agents will try to collect evidence that will support an indictment on federal drug charges.
Once the investigators have gathered enough evidence, your case will be handed over to a federal prosecutor. The prosecutor, or U.S. attorney, will then present the case to a grand jury. The prosecutor must persuade the grand jury that there is sufficient evidence to support a drug charge.
After the arraignment, your case will enter the pre-trial phase. Here are some of the steps that will take place during the pre-trial phase of your case: 1 Discovery. Discovery is the process by which both sides begin collecting their evidence for trial. It also includes the opportunity for both sides to review and evaluate the evidence that the other side may have. This is an intense phase of the case that involves a tremendous amount of work for both the prosecutor and the defense. 2 Plea bargaining. During the pre-trial phase, the prosecution may offer a plea agreement. They may do this for several reasons – they may not feel confident that they can convict you of the charges, or they may just want to save time and resources by getting you to plead guilty. A criminal defense attorney can evaluate and plea offer and help you decide whether it’s fair or whether it is in your best interest to decline. 3 Pre-trial motions. Both sides may file pre-trial motions in order to streamline the case for trial. This can include motions to suppress evidence, motions to compel cooperation, or even motions to change courts. These motions can be of critical importance, leading to an acquittal or even a dismissal of the charges.
Plea bargaining. During the pre-trial phase, the prosecution may offer a plea agreement. They may do this for several reasons – they may not feel confident that they can convict you of the charges, or they may just want to save time and resources by getting you to plead guilty.
Both sides may file pre-trial motions in order to streamline the case for trial. This can include motions to suppress evidence, motions to compel cooperation, or even motions to change courts. These motions can be of critical importance, leading to an acquittal or even a dismissal of the charges.
After hearing the evidence, the grand jury will decide by majority vote whether or not you will be charged with a federal drug crime. If you are indicted, you will then be arrested and charged. It’s important to note that the standard of proof in a grand jury proceeding is extraordinarily low.
After the arraignment, your case will enter the pre-trial phase. Here are some of the steps that will take place during the pre-trial phase of your case: Discovery. Discovery is the process by which both sides begin collecting their evidence for trial. It also includes the opportunity for both sides to review and evaluate the evidence ...
In some localities, there are no less than 20 officers or detectives dedicated to these very drug investigations.
As a result, all narcotics such as marijuana, heroin, cocaine, methamphetamine, ecstasy, and illegal drugs obtained by prescription are all subject to drug investigations.
The drug investigation unit at a local police department typically has as its chief goal the conducting of investigations with the intent of accomplishing two aims: arresting drug dealers. taking or seizing assets gained through criminal and illegal measures by those same drug dealers. In many localities, law enforcement primarily seeks ...
More often, “word on the street” or unreasonably expensive lifestyles of particular individuals gives police suspicion. Investigators will spend weeks, months, and sometimes even years investigating an individual or group for a case.
Almost immediately, the defendant is offered some kind of deal, which usually includes their release on certain predetermined conditions, like providing information to the police that would allow the arrest of a bigger drug dealer.
Police use drug dealers as informants because the method is significantly more effective than anything else.
In Monroe County, New York, the drug task force is known as Greater Rochester Area Narcotics Enforcement Team, or GRANET. The first step in most significant drug arrests is developing a suspect. It is possible that a traffic stop coincidentally leads to a major drug bust, but that is very unlikely at the highest level.
If there is not probable cause for a wiretap, police may use a pen register, which only shows who a suspect is communicating with, but not the contents of the call. Other techniques include monitoring electric usage to detect high use, which is required to operate grow lights for cultivating marijuana indoors.
No matter how much technical investigation there is, the police are rarely aware of the personal interactions between the players. Criminal defendants are highly motivated and take significant real life risks to maintain their freedom. Vigorous Defense for Drug Offenses.
Generally speaking, the State has three years to bring charges against you on most felony offenses. Sometimes the State will bring charges right away, and sometimes it can be months or years before they eventually file. Oftentimes charges in drug offenses are delayed while the State waits on the drugs to be tested, which can take many months depending on the priority of the case. If you suspect you will eventually be charged, do not speak with any government agent (prosecution, police, etc.) and contact an experienced defense attorney as soon as possible to assure you are prepared if/when charges do get filed.
The statute of limitations is six yeas from the date of the offense to bring charges. They can bring charges anytime during that period, but it usually happens pretty soon after the occurrence
When evidence of drug use or drug abuse is presented to a family court, it can have major ramifications for a child custody or child visitation case. In certain circumstances, family courts may order drug testing of parents.
What You Need To Know About Drug Testing In Family Court. Drug testing in family court may be ordered if one parent believes — or knows — that their former partner is using drugs. Unfortunately, substance abuse is a very serious problem in the United States. According to the National Survey of Drug Use and Health, ...
If a parent fails a drug test, it will have serious ramifications for their child custody or child visitation case. In fact, even one failed drug test could potentially result in a person losing their parenting time or even losing their decision making authority.
However, hair follicle testing can pick up drug use from as far back as 90 days. Blood Testing: Finally, a family court may also order blood testing. This is considered to be an especially invasive type of drug testing. As such, it is used less frequently than urine tests or hair follicle tests.
Urine Sample Test: A urine sample is the most common type of drug test used by family courts. It is considered to be the ‘least intrusive’ method of drug testing. Though urine testing is considered to be effective, a urinalysis can only pick up drug use that occurred within the last few days or even the last few hours.
Drug use can become a family law issue. United States government data suggests that as many as six million children live with a parent who has a substance abuse problem. Parents who are abusing drugs are typically not able to provide adequate care for children.
Your family lawyer can help you determine what specific actions you should take to ensure that the health, safety, and well-being of your child is fully protected. In some cases, you may be able to get a family court to order further drug testing or to order a different form of drug testing.
If the injured worker refuses to submit to a drug test, it shall be presumed in the absence of clear and convincing evidence to the contrary that the injury was occasioned primarily by the influence of drugs.
But if you fail a workers’ comp drug test, getting your benefits might not be that easy. In most states, workers’ compensation is a no-fault system. Meaning, you can claim benefits if you got hurt at work no matter who is at fault.
If your employer is implementing a drug-free workplace, drug testing is usually a routine. In the case of workers comp claims, it’s perfectly legal for your employer to require drug testing before benefits are granted.