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Drug Offenses
A
person exercised dominance and control over a controlled
substance, the person knew of its presence, and the
person knew of its nature as a controlled substance;
and the substance was in an amount sufficient to be
used as a controlled substance.
Types of Drug Offenses: Cultivation, Distribution, Importation,
Manufacturing, Paraphernalia, Possession, Possession
for Sales, Prescription Fraud, Trafficking, Transportation.
Consequences for the conviction of Drug Offenses may
potentially include:
- Imprisonment
- Probation or parole
- Registration as a narcotics offender
- Drug testing
- Court ordered counseling or rehabilitation
- Loss of driver's license
- Seizure of motor vehicle
- Search and seizure conditions
- Significant fines
- Other
Likelihood of any of the above consequences depends upon the following factors:
- Prior similar convictions
- Any other prior convictions
- Currently on probation or parole
- Attitude of community and court toward this type of crime
- Degree of media attention on case
- Mitigating/aggravating circumstances
- Other
Defenses of Drug Offenses may potentially include:
- Insufficient evidence
- Factual innocence
- Valid prescription
- Illegal search and seizure
- Other
What can you do to improve the outcome of your case?
- Gather documentation of your good character (reference letters, employment history, community service, etc.)
- Exercise your right to remain silent
- Retain qualified counsel as soon as possible
- Keep a diary of all significant events and potential witnesses (this information will help your attorney prepare the best possible defense)
- DO NOT investigate your own case
What can we do to help?
- Early preparation, including legal research and defense identification
- Early investigation and identification of all facts helpful to your defense
- Interview police to minimize or eliminate the case
- Interview the prosecutor to minimize or eliminate the case
- Interview all witnesses
- Reduce or eliminate bail requirements
- Provide emotional support to loved ones and ensure that they are continually updated as to the state of your case
- In appropriate cases, negotiate jail alternatives
- Obtain an evaluation report from a court approved psychologist (to show counseling may be a better alternative to jail)
- Coordinate a private lie detector test
- Develop appropriate motions to dismiss the case
- Develop appropriate motions to suppress evidence
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DISCLAIMER
The statement above is not legal advice! This statement is not intended to be a correct statement of law in your jurisdiction. This statement is intended to give you a very general understanding of what is involved in this type of crime. Please consult an attorney to find out what law applies in your jurisdiction.
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