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Drug Possession
Drug possession is a serious offense. It can result in punishments from fines to jail. Around 20 to 30 percent of criminal arrests involve drug possession or drug trafficking.
If you or a loved one has been charged with drug possession, make certain that your legal rights are protected. Please call us today for a FREE consultation with an experienced criminal defense attorney that can help you to understand your legal rights.
What is Drug Possession?
Drug possession can occur by phyisically having on your person an illegal substance. But, it can also occur by "constructive possession." This means that a person can have "custody and control" of a controlled substance. You may not have the drugs in your pocket. The drugs may be in your closet or even in a paper bag sitting on a sidewalk. If there is evidence of your having contact with or "exercising dominion and control" over the substance, you may be charged with possession. Depending on your state laws, substances can include marijuana, cocaine, LSD, methamphetamines, or unauthorized prescription medications. Federal law also applies to drug crimes.
Pssession of drug paraphernalia, accessories related to drug use or distribution, or materials involved in the production of drugs may also lead to charges of drug possession, based upon the finding and then testing for the presence of "drug residue" found on these devices.
Depending on the circumstances, an individual may be charged with drug possession, sale or drug possession with the intent to sell or distribute. Factors can include:
- Quantity of drugs found
- How the drugs are stored
- The location of the drugs
- Possession of a scale or other drug paraphernalia
- Possession of large amounts of money in proximity to the drugs.
Drug Possession Penalties
Penalties for drug possession with the intent to sell are generally greater than those for possession. The consequences may vary depending upon the drug in question the amount of drugs found, the defendant''s past drug convictions and other factors.
A sale to minors or possession / distribution near a school may also result in elevated charges and more severe penalties. Drug possession offenders face prison or jail, fines or probation. However, due to better understanding of drug use and circumstances that lead to drug abuse, mandatory treatment programs have become part of the menu of options being applied to manage drug cases.
If you or a loved one has been charged with drug possession, contact an experienced criminal defense lawyer who can help you maximize your legal rights. Please call us today for a FREE consultation with a qualified criminal defense lawyer. We can answer your questions, guide you through the legal process, and help you to aggressively defend yourself or find assistance if you have a drug problem.
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