Drug Crimes Lawyer for Drug-Related OffenseOf all the arrests that are made nationwide every year, approximately 20 to 30 percent of those arrests are due to drug-related crimes. New drug laws are constantly being created and if you do not have proper legal protection in the form of a criminal attorney, you might be at risk of not receiving a fair and adequate representation.
There are many different kinds of drug crimes: manufacture, importation, distribution, use, and possession. Drug charges exist for illegal substances such as heroin, crack, marijuana, and methamphetamine; and for controlled substances such as Oxycodone — an easy-to-abuse pain medication. Last year, the FBI reported some 1.8 million arrests for drug offenses. There are also offenses related to drugs such as violent crime and larceny.
Drug Crimes Articles
Types of Drug Crimes
There are a number of different drug-related crimes that you can be charged with, but a good criminal lawyer can help get your charges reduced or dismissed, depending on several key components. The first component is, what type of drug-related crime have you been charged with.
Drug offenses constitute a wide range of crimes. These include:
- Drug Trafficking: Involves selling drugs or drug paraphernalia
- Possession For Sale: Having a number of illegal drugs in your possession with the intent to sell
- Illegal Drug Sales, Attempts to Sell: The selling of illegal drugs
- Importation: Importing drugs from locations around the globe for sale
- Prescription Drug Fraud: Committing any level of fraud to obtain prescription drugs
- Transportation: Transporting drugs
- Methamphetamine Manufacture: Making meth for sale or personal use
- Possession of Chemicals for the purpose of, or intent to, manufacture Methamphetamine: Possession of any one or combination of chemicals to make meth.
- Cocaine Possession: Possession of any amount of cocaine.
- Conspiracy to Violate Any Drug or Narcotic Law
- Marijuana Possession: Possession of any amount of marijuana where illegal under PA state law
- Drug Paraphernalia Charges: Sale or possession of any object associated with illegal drug use.
Many of these offenses can be a huge detriment to a person’s reputation and criminal record. It is necessary that great representation be sought early, as soon as charges occur, so that your Drug Crimes Attorney may begin crafting a defense that will stand up in court and is designed to protect your rights and freedom.
It is extremely important for a Drug Crimes lawyer to challenge the validity of search warrants and investigate how warrants were presented to the court to justify their issuance. One needs to challenge whether the police had probable cause to “knock and talk” when they enter houses and apartments, stop and search cars, and perform personal searches on the street. If these factors are examined and used properly by your Drug Crime Attorney, it can often be enough to dismiss or discredit a case.
State laws categorize drug possession charges depending on the type of controlled substance the defendant allegedly possessed. These categories include marijuana possession, possession of a dangerous substance, and possession of narcotics. Drug charges are often classified as felonies, though the class of felony will depend on the type and amount of the substance involved. There are several charges that could accompany a simple possession charge, depending on the specific circumstances of your arrest. These additional charges might include possession with intent to distribute, possession of drug paraphernalia, or possession for sale.
Penalties for possession charges vary and may include fines or jail time depending on the amount and type of substance. In some cases, first-time offenders may be able to avoid jail time through deferred prosecution programs. An experienced Phoenix drug crime lawyer can determine whether you qualify for such a program, and fight for lighter sentencing on your behalf.
What does a charge for manufacturing drugs mean? Essentially, state law permits prosecution against those who produce, process, or otherwise make illegal substances. Simply possessing the chemicals needed with the intent to manufacture drugs is illegal. Like possession charges, many drug manufacturing charges are felonies. The class of felony (or misdemeanor) depends on the type of substance made. For example, manufacturing dangerous drugs like methamphetamine or LSD is a serious class 2 felony. A first-time charge for illegally manufacturing a prescription drug is generally only a class 1 misdemeanor. Upon conviction, penalties for manufacturing charges vary from probation to fines to jail time.
Drug cultivation and manufacturing laws make it a crime to grow, produce, and possess certain plants and other naturally occurring elements used in the production of unlawful controlled substances, such as cannabis seeds and marijuana plants; or to produce illegal controlled substances like cocaine, methamphetamine, LSD, and Ecstasy, which require the use of certain chemicals and laboratory equipment in their production. Federal and state drug cultivation laws vary according to drug type and the amount produced.
Drug trafficking charges are perhaps some of the most serious drug charges under Arizona law. Manufacturing, possessing, and transporting illegal substances can result in drug trafficking charges. In addition to facing a state felony charge for drug trafficking, a defendant may also face federal drug charges in some cases. Arizona law is particularly strict on trafficking penalties, and a defendant may face a mandatory minimum prison sentence. Like all drug crimes, trafficking charges, and subsequent penalties will depend on the circumstances of the case.
While there are no guarantees in criminal defense law, understanding your rights and the legal options available to you can improve your chances when defending yourself from charges of drug paraphernalia.
Drug paraphernalia, while oftentimes a stand-alone charge, is most often compounded with charges of drug possession. This means that securing representation by an experienced Drug Paraphernalia Lawyer is very important.
Possession of drug paraphernalia is a crime in Texas and many other states and includes the use of, or possession with intent to use, drug paraphernalia for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packing, repacking, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of this act.
Punishment For Drug Crimes
Penalties for drug crimes can depend on the amount seized, associated crimes, and prior criminal records. While the Federal Sentencing Guidelines provide mandatory minimums, prosecutors may seek maximum jail terms and fines. It takes an experienced defense attorney to navigate the numerous details of the case, ensuring your interests are correctly represented — with a defense strategy that proves your innocence and informs the court of all mitigating circumstances.
Just some of the crimes that can be prosecuted, ranging from misdemeanor to felony:
- Conspiracy with Intent to Deliver
- Conspiracy with Intent to Distribute
- Possession of a Controlled Substance
- Manufacture of a Controlled Substance
- Delivery of a Controlled Substance
- Possession with Intent to Distribute
- Possession of Drug Paraphernalia
- Drug Possession
- Possession with the Intent to Sell, Manufacture or Deliver
- Trafficking of a Controlled Substance
- Trafficking of an Illegal Substance
- Narcotics Trafficking
- Drug Importation
- Doctor Shopping
- Drug Conspiracy
- Drug Courier/Mule
Just possessing a drug usually does not come with the same harsh consequences that selling a controlled substance might. A drug crime is punishable by law in the form of monetary fines, prison sentences, probation periods, and mandatory recovery programs. Minimum penalties for drug possession apply to some U.S. territories and circumstance is often not taken into account.
Some factors that can affect sentencing include:
- Type of Drug: Drug possession charges can vary in severity depending on the type of drug allegedly possessed. Alleged heroin possession carries more severe consequences than possession of marijuana. A good lawyer will ensure that sentencing, if it occurs, is proportionate and that one is not subjected to unnecessary punishment.
- Abuse as a factor: In many cases, the situation surrounding a possession arrest coincides with a “mitigate your penalty through an alternative sentence involving rehabilitation for”substance abuse issue. If this is the case, we hold the conviction that addictions to illegal narcotics or prescription medication must be dealt with, even in the context of a criminal case.
- Former History: For many who are facing their first charge or arrest, rights are not understood or made known clearly. They can become disoriented or misled about the severity of their potential sentencing.
If convicted, sentences can vary greatly depending on a multitude of factors specific to your case. A Drug Possession Lawyer can help you understand the minimum sentencing for your crime. An attorney will provide you with an honest evaluation of the potential fines or jail time you might incur if convicted.
How A Criminal Lawyer Can Help
Should you or a loved one have been charged with a drug crime, the best course of action is to hire a criminal attorney immediately to defend your rights. Your criminal lawyer can review evidence, conduct interviews, and assist with lessening the charges or dismissing others that might have been filed against you.
Do not put yourself at risk of being taken advantage of. A drug-related crime is a serious accusation and only a qualified and knowledgeable criminal lawyer should handle all the finite details of your case.