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WhoCanISue.comCriminalDrug Charges

Drug Charge/ Possession Attorney

 
Summary

Drug charges are a serious criminal offense that can lead to heavy penalties and fines. Even for a minor first offense, a person can have their license suspended for at least a year and can be immediately jailed once the illegal substance is found. It is imperative to contact a criminal defense attorney immediately if you are charged.

Mandatory drug treatment programs and testing can also be part of the sentencing for a criminal drug charge.

Luckily, there are many civil rights in place to protect Americans from illegal searches and seizures. If the police do not have a legitimate reason for searching you, then the judge must dismiss the case. You should speak to an experienced drug possession attorney or defense lawyer about the details of your drug charges.

What is a Drug Possession Charge?
Drug possession is the crime of having one or more illegal drugs in one's possession. The drugs are to be used for sale, distribution, or personal use. The type of drug charge one will face depends on several factors; including: the drug type, amount, the jurisdiction the incident took place, and state and federal laws.

What are Considered Illegal Drugs?
There are several different categories of drug possession charges. The type of drug and the amount found during a search will impact the severity of the charge. Some of the drugs that a person can be charged with are:

  • Marijuana
  • Pharmaceuticals without a prescription including:
  • Oxycodone (OxyContin)
  • Valium
  • Hydrocodone (Vicodin)
  • Xanax
  • Ritalin
  • Adderall
  • Percocet
  • Various other Stimulants, Narcotic Painkillers, Sedatives, and Tranquilizers
  • Cocaine
  • Methamphetamines (Crystal Meth)
  • Ecstasy
  • Crack
  • Heroin
  • Hallucinogens
  • LSD
Potential Recovery

How Do I Protect My Rights in a Drug Possession Case?
Drug possession cases usually involve the searches of cars, homes, and personal items. If a police officer fails to:

1. Get a proper search warrant to search the vehicle, home or property without probable cause
2.  Read the Miranda rights after being placed into police custody

A criminal defense attorney can help make sure this evidence collected may not be used and many times the case can be dismissed without ever having to go to trial.

At times, people or their criminal defense lawyer or drug possession attorney file for a motion to suppress information such as incriminating statements even when there is little chance of winning. When the case goes to court, important information may be disclosed that can help win the case.

What does probable cause mean?
Evidence or facts that would lead a reasonable person to believe that a crime has been, is being, or will be committed, and the person arrested is responsible. If a police officer has probable cause, they may search your car or home and usually arrest the suspected person.

It basically means that if a police officer knows the crime drug crime committed and has found some type of evidence to back up the idea, they have enough probable cause to charge you.

Expert Opinion
Need a Criminal Defense Lawyer For a Drug Possession Charge?
Drug possession charges can fall under a number of possible defenses.
  • Drug Trafficking
  • Drug Smuggling
  • Possession with Intent to Sell Drugs
  • Drug Manufacturing
  • Stolen Prescription Drugs
  • Conspiracy to Distribute Controlled Substances and Contraband
  • Conspiracy to possess drugs with the intent to resell
  • Drug Importation
  • Drug Racketeering
Consulting a criminal attorney is the first step in preventing your civil rights being violated by authorities.


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