Dec 17, 2021 · Drug Possession: How a Lawyer Can Help. So you want to know more about drug possession – how a lawyer can help. This post should clear up any questions you may have about the severity of drug possession charges and why it pays to seek out the help of a skilled criminal defense attorney near you.. drug possession how a lawyer can help
If you are charged with possession of illegal drugs and are facing felony criminal charges, it is very important that you contact an attorney who can help defend your case. The attorney will be able to evaluate the strength of the evidence against you, assess any possible defenses, advise you on any possibilities for reduced charges, and help you prepare to negotiate a plea bargain …
Generally, the state prosecutor or district attorney must be able to prove two elements in order for a person to receive a drug conviction: The person accused knew the drug in their possession was a controlled substance, and. The person accused knowingly possessed or …
Possession of a Controlled Substance: Possession of certain amounts of drugs may result in felony charges. The amount and type of drug will depend on federal and state laws. For instance, for some drugs such as marijuana, a high amount is needed for a possession felony charge. For other drugs such as crack cocaine, lesser amounts are needed to ...
Law § 220.18. Criminal possession of a controlled substance in the first degree is the most serious drug possession crime. You will face this charge if you possess a minimum of 8 ounces of narcotic drug preparations or at least 5,760 milligrams of methadone. It is a Class A-I felony.
Federal Drug Possession Penalties Simple possession can result in up to a year imprisonment, with fines of $1,000 or more. A second possession conviction can result in up to 2 years in federal prison, and fines of $2,500 or more.
Possession of a Penalty Group 1-A substance is always charged as a felony under Texas law. For small amounts, you will face a state jail sentence of between 180 days and 2 years in addition to a fine of up to $10,000.
A drug felony, in California, consists of a crime that carries a maximum sentence of more than one year in either jail or prison. The most serious of general felonies could even be punished with a life sentence.
Selling or possession with the intent to distribute Schedule I or II drugs carries the harshest penalties of all of the crimes involving controlled substances.Aug 27, 2021
If you have previous convictions for possession of drugs or other drug offences, the worse the sentence will be. It is possible to go to prison for a few weeks or months for simple possession. You will get a harsher sentence if you were in possession of drugs in or near a school, or in a prison.
Under Texas Code of Criminal Procedure, Article 42A, a defendant charged with state jail felony drug charges is eligible for probation (in fact, you must receive probation), as long as they haven't been previously convicted of a felony.May 14, 2021
What Are the Penalties for Drug Possession in Texas?PossessionPenaltyIncarcerationLess than 1 gramState jail felony6 months to 2 years1 to 4 grams3rd degree felony2 to 10 years4 to 200 grams2nd degree felony2 to 20 years200 to 400 grams1st degree felony5 to 99 years1 more row•Dec 14, 2020
At a minimum, the charge for drug possession in Texas is either a “Class B” or “Class A” misdemeanor. This carries a penalty of up to one year in jail and a fine of up to $4,000, depending on the type of drug.
According to HS 11350(a), possession of a controlled substance is a misdemeanor in California punishable by up to 364 days in county jail. You can also be placed on probation or parole that will likely subject you to random drug testing and searches by the police.
Possession or purchase of up to one kilogram of cocaine base or crack with the intent to sell is a felony punishable by three, four or five years in prison and a maximum fine of $20,000 for each offense. [Cal.
Penalties for Drug Trafficking Violations in California In California, the sale or transportation of drugs under HS 11352 is a felony. The standard penalties for these types of code violations could include one or both of the following: Jail time of 3 to 9 years. A fine of up to $20,000.
Felony charges for drug possession often result when a defendant has possessed a particular illegal substance, or any illegal possession of a certa...
Possessing drugs for personal use usually incurs less severe charges than possession with the intent to sell. The difference in punishment reflects...
In many states, prosecutors may charge a defendant with a felony if the violation involved one or more “aggravating circumstances” or “aggravating...
Some common examples of charges for felonies involving drugs include: 1. Possession of drugs over a certain amount:Â Possessing large quantities of...
Felony drug charges usually result in very high criminal fines (in the thousands of dollars), as well as a sentence in prison of at least a year. S...
Felony drug charges can be very difficult to deal with due to their serious nature. It is in your best interests to work closely with a criminal la...
The attorney will be able to evaluate the strength of the evidence against you, assess any possible defenses, advise you on any possibilities for reduced charges, and help you prepare to negotiate a plea bargain or go to trial.
Factor #1: The Type and Amount of the Drug. Felony charges for drug possession often result when a defendant has possessed a particular illegal substance, or any illegal possession of a certain quantity of specified drugs. For example, in most states, possessing any amount of heroin (a Schedule I substance) is a felony.
Each state's aggravating factors are enumerated (listed) in the state's drug possession laws. These lists often include (but are not limited to) several or all of the following types of possession: 1 by repeat offenders (people who have prior drug convictions 2 on or near a school, on a school bus, or at a school bus stop 3 on or near certain public buildings, parks, swimming pools, housing units, or on public transportation 4 on or near drug treatment facility property, and 5 in the presence of a minor (usually defined as someone younger than 18 years old).
Possessing drugs for personal use usually incurs less severe charges than possession with the intent to sell. The difference in punishment reflects legislators' view of the harm caused by each crime: Those who use drugs are the victims of those who sell them. A user harms only himself; a seller harms many.
Additionally, in many states, if you are caught with large quantities of illegal drugs, you are more likely to be charged with illegal drug possession with the intent to sell, since it is unlikely that you intended to use the entire quantity for yourself. Because illegal drug sales is a more serious crime, possession with ...
Almost all states divide drugs into categories called "Schedules.". These groups are usually based on, or adopted in whole from, the Federal Controlled Substances Act (CSA); which categorizes drugs by their recognized medical value balanced against the drug's potential for addiction and abuse.
by repeat offenders (people who have prior drug convictions. on or near a school, on a school bus, or at a school bus stop. on or near certain public buildings, parks, swimming pools, housing units, or on public transportation. on or near drug treatment facility property, and.
Drug possession is a criminal offense for the illegal possession of a controlled substance. Essentially, to be convicted of drug possession charge, you knowingly must have a controlled substance in your possession or within your proximity and control such as in the trunk of your car or in your home.
Typically, a drug possession law provides the type of controlled substance prohibited and the corresponding punishment. Drug offenses are typically treated as a misdemeanor or felony charge, and some states break these classifications down further into first degree, second degree, and third degree charges in order of severity.
Generally, federal law as well as most state laws determine the severity of drug possession charges based on the type of drug and divide them into “schedules.” The types of drugs in each Schedule are based on the potential for abuse and dependency, with Schedule I posing the most severe risk and Schedule V having the lowest risk, including controlled substances such as:.
Although marijuana has been decriminalized or legalized in a number of states, there are still a number of ways a person may be charged with a drug offense for possession of marijuana. Some states only allow for medical use and possession of marijuana, which means using or possessing marijuana for recreational purposes is still a drug crime.
If you have been arrested for drug possession, working with an experienced criminal defense lawyer or law office might be the right choice for you. Defense attorneys can be an important asset for protecting your rights and minimizing the possible penalties of a drug conviction.
What are Felony Drug Charges? Generally speaking, felony drug charges are more serious drug crimes. Under state and federal criminal laws, felony charges typically result in a sentence in prison for greater than one year, along with serious criminal fines. In contrast, misdemeanor charges will usually result in a sentence in jail (not prison), ...
It may also depend on whether the person is a first-time offender or a repeat offender. For instance, first-time drug crimes can range from 1-3 years in prison, with fines ranging from $500 to several thousand dollars. Repeat offenders may face 3-15 years in prison and much higher criminal fines.
As mentioned, possession of large amounts of some substances may lead the police to assume that the drugs were being held for the purpose of selling them (“possession with the intent to sell”); Trafficking Drugs: Drug trafficking involves the transport of drugs or illegal substances.
Drugs are categorized into classes known as “Schedules”. Schedule I drugs are substances that pose high risks and have little potential for medical applications. Schedule V drugs are substances that have lower risks and more potential for different applications. Possession of a Schedule I drug or substance can frequently lead to felony drug charges.
To answer, drug possession can be a simple misdemeanor if it involves only small amounts being possessed for personal use. In comparison, possession of large amounts of the same type of drug may result in felony possession charges. In most cases, selling, trafficking, or distributing drugs is classified as a felony under most state laws.
For instance, a person’s immigration status can be severely affected by a felony drug charge. Depending on the case, some felony drug crimes can be considered “crimes of moral turpitude”, especially if the crime involved violence or threats to public safety.
This might not necessarily involve the sale of them; however, transporting them can lead to felony charges, especially if large amounts are being moved. Penalties may also increase if the drugs are being trafficked across state lines. As mentioned, the type of drug can also determine whether a drug crime is punished as a felony.
In drug paraphernalia cases, a prosecutor can show possession of the prohibited items by showing they were actually used for drug use, or that the person possessing them intended them for drug use. Circumstances.
Probation. Probation sentences are also common with possession of drug paraphernalia convictions. When a court sentences people to probation it requires them to comply with various orders for a number of months, typically 12 or more. Common probation orders include not committing more crimes, maintaining employment, ...
A typical fine for a first time offender may be a few hundred dollars or as much as $500 or more, while repeat offenders may face higher fines of $1,000 or more.
Simple possession or possession with intent to sell, deliver, or distribute. Drug paraphernalia charges are often differentiated between possession and distribution crimes. Possession crimes involve the personal use of drug paraphernalia, while possession or distribution charges involve selling or providing paraphernalia to others.
Along with drug possession charges, possession of drug paraphernalia charges are one of the more commonly charged crimes in any jurisdiction. Read more to understand the legal definition, circumstances and penalties.
Jail or prison. Some drug paraphernalia laws allow for up to a year in jail, though lighter sentences, such as up to 90 days, are also common. A court may impose a jail sentence ...
Courts will look at whether the alleged paraphernalia was located near illegal drugs, whether the accused made statements about the items, if the items contains any drug residue, or even expert testimony about the object or its use.
Drug Possession. The two conditions of a scenario where someone is caught with drugs on their possession that determine the severity of the charge is the amount and what type of drug it is. Lesser drugs like marijuana are going to come with less charges than something more serious such as meth.
The biggest factors that turn a misdemeanor drug charge into a felony are the type of drug, amount, and prior convictions. Prison time and fines will vary greatly from case to case, as all aspects of the incident are taken into consideration when making a decision.
The different schedules of drugs are important to know, as it will impact the severity of the punishment depending on how serious the drug is classified by the government. The charge will more likely than not be handled within the state, unless drugs have crossed state lines.
Trafficking drugs covers quite a few types of charges that could arise, ranging anywhere in the process of the production and distribution of drugs. What’s most likely to take a drug charge from a lesser charge to trafficking is the amount that they have.
However, incarceration time is most likely going to be longer than a year and a $500+ fine . The amount of time and money or even community service or other punishments that will accompany a felony charge of drug possession will depend on criteria discussed, such as how much, what type of drug, and any previous offenses.
Schedule I. These drugs have a high risk of being abused and offer no real medical value, at least according to the U.S., meaning there’s no reason someone should be in possession of these drugs without the intent of abusing them. These drugs include: Heroin. LSD.
It’s also notable that while all of these drugs are controlled substances, possession of them isn’t necessarily a crime.
Due to the high cost of a felony conviction, it is important that anyone facing criminal charges for drug possession be aware of what conditions constitute a felony.
The “aggravating factors” that may lead to a felony drug charge include: The laws against drug possession are harsh in Nebraska, as the state classifies not only the drugs themselves as controlled dangerous substances (CDS), but also the compounds used to make them.
Even if an individual’s motives were purely for personal use, large quantities provide a presumption of intent to sell that the state may use to push for a felony conviction on the grounds that the person posed a danger to others and to the community as a whole.
Examples of Schedule I drugs are heroin, LSD, and cocaine. In certain circumstances, possession of Schedule II or II drugs may also be charged as a felony, especially if they were found in large quantities.
Repeat offenses. The laws against drug possession are harsh in Nebraska, as the state classifies not only the drugs themselves as controlled dangerous substances (CDS), but also the compounds used to make them.
When is Drug Possession Considered a Felony? A crime involving drugs may be charged as either a felony or misdemeanor, depending on the type and amount of the drug, as well as consideration of other significant factors.