A person charged with a drug crime can face serious consequences if they are unable to retain the services of a competent Drug Crimes Lawyer. The majority of cases result in a plea bargain whereby the defendant is subjected to fines, probation, or community service. However, some drug crimes are punished by jail time, which can be extremely stressful and traumatic for the defendants and their family. Some cases end in the death of the defendant. An experienced attorney must be brought in on a case as soon as possible in order to preserve the defendant’s constitutional right to a fair trial.
Charges of Possession
Generally, when there is a charge of possession of a controlled substance, the defendant must prove that he/she knew that the substance was illegal and that he intended to use the item for personal use. If you are facing charges of possession of a controlled substance, you must retain a competent Drug Crimes Lawyer. An experienced attorney will know all of the intricacies of the federal Controlled Substances Act. He or she will also know how to interpret and apply the myriad of laws that are associated with drug crimes. You can search and find the best lawyer in your area by searching them online. I am living in Houston, and I can easily search online and find a reputed Houston drug crimes lawyer easily.
In short, the Controlled Substances Act’s intent requirement is what is at issue in most cases involving drug crimes. Whether or not a person intended to use the substance for personal use is the key factor in determining whether or not they are charged with drug possession. In the case of an illegal drug such as cocaine, marijuana, methamphetamine, heroin, etc., if the defendant knowingly possessed a controlled substance for his own personal use and the substance was found during a police investigation, the defendant may be prosecuted. However, this is not always so.
Offenses Of Drug Crimes
In cases involving the more severe offenses of drug crimes, like those involving possession of a controlled substance in the first degree or even in the second degree, the reality is different. In the first degree of these crimes, simply having the drugs in your home is enough to get you charged with criminal possession of a controlled substance in the first degree. Those who knowingly sold drugs but did not sell them in their homes (for example, they knowingly delivered drugs to a customer over the internet) would probably be facing different charges. As a result, it is important to retain an experienced drug crimes defense attorney when facing these types of drug charges.
First Degree Felony Drug Crimes
What is involved in a criminal trial? For first degree felony drug crimes, three elements must be proven beyond a reasonable doubt. Those are that the defendant knowingly possessed a controlled substance in the presence of a government official or a law enforcement officer, that the defendant knowingly used the drug for non-medical purposes, and that evidence was obtained through the search of the defendant’s home or vehicle. However, even with the additional elements of the first degree criminal trial, the burden of proof is still met with a preponderance of the evidence standard.
The process begins with a criminal arrest. If a person is arrested for suspicion of sales of a controlled substance in the third degree, the initial officer may make a DUI arrest. If the officer does make such an arrest, the defendant may still decide to fight the charges if they are found innocent at a later criminal trial. Although they will lose the first degree of their offense, they may still be able to try for a reduced charge if they can show that the officer had no probable cause to arrest them. This is the reason that it is so important to retain an attorney when facing such charges.
Second-Degree Drug Offenses
The penalties faced by those charged with drug crimes include sentences of one year to life in prison. Even first degree offenses are able to see a majority of those charged with going to prison. Those who are accused of second-degree drug offenses can also expect to spend a minimum of five years in prison, plus pay heavy fines. Those who are found guilty of criminal sale of a controlled substance in the second degree, on the other hand, can face a sentence of life in prison.
To protect yourself, it is important to retain a skilled drug crime attorney as soon as you are charged. A qualified Oregon law PC attorney can provide you with the guidance and representation that you need to avoid serving jail time, lose your license, and gain permanent damages or rehabilitation of your record. When facing a criminal trial, it is especially important to choose an attorney who is well-educated in your particular area of legal expertise and who can effectively represent you in court. Not all attorneys offer drug crime defense services, however. Before hiring a Portland criminal defense attorney, you should ensure that he or she has experience fighting cases similar to yours and that they have handled several cases of the same offense.