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.
To prove possession with intent to sell, prosecutors may present evidence such as digital scales, baggies, large quantities of the drug, large amounts of cash in small bills or testimony from witnesses. Also, some states have created separate categories of certain drugs, treating them separately.
There are numerous defenses that can be used against drug possession charge, including:Claiming the drugs belong to someone else.Asserting that the drugs were searched for illegally.Showing that the accused is the victim of entrapment.Forcing the prosecution to prove the alleged illicit substance is actually a drug.
On average, a criminal defense attorney costs $200 an hour, but how much you'll pay can vary greatly depending on your case. Some clients pay $100 to $150 an hour, and others pay more than $300 to $350 an hour....Criminal defense attorney cost:National average hourly rate$200/hourHigh-end hourly rate$300-$350/hour1 more row•Oct 8, 2020
To prove that a defendant possessed a restricted dangerous drug, the prosecution must establish four elements: (1) the defendant exercised dominion and control over the substance, (2) there 3 Page 4 was a usable quantity of the substance, (3) the defendant had knowledge of the substance's presence, and (4) the ...
Constructive possession places the burden of proof on the prosecutor. The prosecution must prove that the drugs were present and that you were knowledgeable of them and had an intent to control or distribute them.
Check out these four common ways to beat a felony drug charge in Texas:Don't Say a Word. No, really—we mean it. ... Be Polite. We don't want you chatting with police without a lawyer present. ... Think Hard About Any Plea Agreements You're Handed. Prosecutors are busy little bees. ... Call a Lawyer. Just do it.
A lawyer can cost anywhere from $10,000 to $100,000 for a felony. TheLawMan says, “most will agree that the cost for a first-degree felony is at least $10,000, often more. For the most experienced lawyers, you should expect to pay between $35,000 and $100,000 or even more.”
In fact, a recently study done by the American Bar Association found that public defenders are often just as effective as private counsel. This study went on to conclude that based on the results, it would “strongly suggest that public defender representation is associated with improved case outcomes.”
In the United States, the terms lawyer and attorney are often used interchangeably. For this reason, people in and out of the legal field often ask, “is an attorney and a lawyer the same thing?”. In colloquial speech, the specific requirements necessary to be considered a lawyer vs attorney aren't always considered.
Following are the important types of possession: Corporeal possession. Incorporeal Possession. Mediate possession.
Possession means the ownership, control, or occupancy of any object, asset, or property, by a person.
The maximum sentences for intent to supply drugs are: up to life in prison, an unlimited fine or both for a Class A drug. up to 14 years in prison, an unlimited fine or both for a Class B or Class C drug.
Like we said in the beginning, the quantity of the controlled substance found with the person, is also a crucial factor. It can affect the criminal charges that the person will face under the drug charges. Someone who has a larger amount of drugs will face serious felony charges. It is especially true if the quantity is large enough to indicate that the person facing the charges, intended to distribute the drugs.
Even if you are completely innocent, you should not be overconfident to represent yourself in court. The prosecution has its way to prove its charges against you, which only a trained and experienced legal mind can combat. Your opinion or your words do not hold any evidential value in the court of law. Only a trained attorney knows how to present the case and what elements of it to highlight. To represent yourself through an attorney is all the more important because whatever you say runs the risk of being used as testimonies against you.
It is not uncommon for multiple law enforcement or social services agencies to be involved in a single set of drug charges. If getting a handle on your situation sounded complicated with only one agency to deal with, imagine how confusing and overwhelming it can get with several agencies in the mix.
Drug charges don't occur in a vacuum. Getting accused of drug possession can have ramifications at work, at home, and in other organizations that you belong to. This can be true even if you have been wrongly accused.
Not everyone who is found or who pleads guilty to drug offenses has to go to jail. Despite Texas's fierce drug laws, the state does have diversionary programs. These programs are also called "alternative to incarceration" options.
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.
A lawyer can help you understand the law and your rights related to drug possession. They can also help you build a defense and negotiate with prosecutors. If you are convicted of drug possession, a lawyer can help you minimize the consequences.
Drug possession carries possible punishments such as an automatic license suspension, fines, and incarceration in prison.
When looking for a lawyer who specializes in drug possession, you should consider the following:
The process is to find a lawyer, talk to them about your case, and make sure they can represent you in court. You should never try to represent yourself in a criminal case, as the stakes are too high. A good drug possession lawyer can help you understand your rights and what you’re up against.
Another drug defense available to addicts is drug overdose immunity.
Drug addiction occurs when a person becomes physically or mentally dependent upon the use of a drug in order to function normally. Addiction is a complex phenomenon and can involve many different types of behavior.
Drugs that are commonly involved in heavy drug addiction include: Heroin. Cocaine and crack cocaine. Methamphetamines and other stimulants. Various types of prescription drugs, which may lead to unique criminal activity such as prescription fraud. Synthetic drugs.
Generally speaking, being addicted to drugs or drug substances is not a defense to crimes. However, being under the influence of drugs can sometimes serve as a defense. This is often the case if the person is unable to form the requisite mental state for a crime due to their being under the influence of drugs.
Jose (Jay) is a Senior Staff writer and team Editor for LegalMatch. He has been with LegalMatch since March of 2010. He contributes to the law library section of the company website by writing on a wide range of legal topics.
Drug addiction in itself is a serious issue, but it can also compound certain types of criminal and legal issues. Your attorney can inform you of your legal options, and can also provide you with representation if you need to attend trial in court. Post Your Case - Get Answers from Multiple Criminal Defense Lawyers.
One of the strongest arguments an attorney makes is in regard to how the evidence collected against you was obtained. Your rights under the Fourth Amendment to the US Constitution include the right to the due process of law. As part of that, you're protected against unlawful search and seizure.
Among the first actions your lawyer will take is requesting all of the evidence that the state has for their case against you. This is a way of making sure that all of the evidence is present.