Drug possession is a serious and often felonious offense that is considered so detrimental to society that even federal legislators have enacted laws to make certain possession cases have a mandatory prison time. Some of the most commonly possessed drugs include cocaine, LSD, marijuana, heroin, and controlled substances (without a prescription). There have also been some precursor chemicals, or drugs used to manufacture other drugs such as methamphetamine, which can lead to a possession charge. The first thing you need to realize, if you’ve been charged with drug possession, is that you are facing an incredibly serious charge. You won’t want to attend your arraignment without an attorney.
If you’re charged with possession, the prosecution has two burdens of proof they must meet. First, you must have known the drug you possessed was a controlled substance, and secondly, you must have knowingly possessed it. Categories of drug possession crimes vary from personal use to possession with the intent to distribute. The latter is more serious. As a general rule, the more of any type of drug found on your person, the worse for your legal outcome.
The United States takes drug possession crimes so seriously that the majority of the time, they will be classified as felony crimes. The only exception is in the case of marijuana, which can sometimes be possessed in small quantities and still be a misdemeanor and in some states now is completely legal for personal use. The penalties for drug possession are wide ranging and will depend on the classification of the drug in your possession.
– Fines (As in the case of small amounts of marijuana
– Prison time (Ex. 3 years for 1st offense heroin possession)
– Probation program (A prison sentence that you can avoid IF you complete a probation program that drastically reduces your freedoms)
– Drug court
– Long-term treatment in a residential treatment home for drug abuse
It might seem like if you’re in possession of drugs, you’re guilty and you’re going to be found so and sentenced. In reality, our legal experts are often able to mount a successful defense of cases and help our clients either have their charged dismissed, reduced, or resolving in a probationary period with no prison time. Here are just a few of the defenses we can use for drug possession charges.
Sometimes someone is caught possessing drugs but they were not aware that they were in possession of the drugs. The same can be said if they are in the vicinity of a person who possesses drugs but they themselves were unaware the drugs were there.
Lack of Possession
This is an actual defense that is sometimes successful. For example, if drugs are found in a location where several people are present, it’s sometimes impossible to tell who actually possessed the drugs in the first place. Our attorneys have used this defense successfully in the past.
We’ve all heard of entrapment and then police abusing their power to conduct unlawful searches. If this happened in your case, we can review the matter and mount a defense on these grounds. We’re always thinking of ways to defend you and when there isn’t a prior case like yours, we’ll do everything in our power to create a defense that will convince the court of your innocence.
Keep in mind that there is more than one way we can defend you and work for your good. Sometimes defendants are aware that they have no defense and were actually in possession of the substance. This doesn’t mean that we can’t work for a successful outcome. Whenever possible, we will aggressively work to keep you OUT of prison and on probation. During your probationary period, we will help you abide by the rules of your probation and avoid any complications. Our attorneys rigorously work on your case and stay by your side during every court appearance. Call us today to get started on your solution to your current charges.