Drug Charges

Dealing with Drug Charges: A Complex Legal Landscape

Drug charges are some of the most common criminal offenses in the United States today. With the war on drugs in full swing since the 1970s, the legal landscape surrounding drug crimes has become increasingly complex. For anyone facing drug charges, having an experienced criminal defense lawyer is essential.

An Overview of Drug Crimes

There are many different types of drug crimes defined in both federal and state laws. The most common drug charges include:

• Possession – Having illegal drugs on your person or property. Possession charges can range from misdemeanors to felonies depending on the type and amount of drugs.
• Possession with intent – Possessing a large quantity of drugs that shows intent to distribute. This is a more serious felony charge than simple possession.
• Manufacturing – Making or growing illegal drugs like methamphetamine or marijuana. Charges will depend on the quantity produced.
• Distribution – Selling or sharing illegal drugs with others. Includes crimes like drug dealing and drug trafficking.
• Prescription fraud – Forging, altering, or phoning in fake prescriptions to obtain controlled substances.

The severity of any drug charge depends on the type and amount of drug involved. For example, possession of marijuana may be a misdemeanor while possession of heroin or cocaine will likely be a felony. The amount you have also matters – having over an ounce of marijuana versus just a few grams can change the charge.

Federal vs. State Drug Laws

An important thing to understand is that drug crimes can be prosecuted at both the federal and state level. Federal drug charges are governed by the Controlled Substances Act which categorizes drugs into different schedules based on their potential for abuse and medicinal value.

States also have their own drug laws and penalties. Sometimes federal and state laws conflict – for example, marijuana possession is legal in some states but still illegal under federal law. When drug charges cross state lines, like drug trafficking and distribution rings, the case usually goes federal.

Federal drug crimes almost always carry harsher punishments than state laws. Even a small amount of drugs can lead to years in federal prison. Mandatory minimum sentencing applies to many federal drug convictions as well, meaning judges have less leeway on sentencing.

Common Defenses Against Drug Charges

The complex nature of drug crimes means there are many avenues for defense during a criminal trial. A skilled drug crimes lawyer will look at all options and evidence to build the strongest defense. Some common defenses include:

Illegal search and seizure – If police did not have probable cause for a search, or conducted one without a warrant, any evidence found may be inadmissible. This can sometimes lead to charges being dropped.

Entrapment – When undercover cops coerce someone into committing a drug crime they otherwise wouldn’t. Courts may dismiss charges if actions of police constituted entrapment.

False accusations – Charges based on lies from informants or mistakes in crime lab testing can be challenged. Thorough investigations by the defense can uncover bad evidence.

Lack of knowledge – Defendants may claim they did not know about drugs found in their home or car. Roommates, relatives, etc. could be responsible without their knowledge.

Addiction – Courts recognize addiction as a disease. For simple possession charges, entering a rehab program instead of prison may be possible.

An experienced lawyer will also aggressively question all evidence and witness testimony to undermine the prosecution’s case. Even if the drug charges are legitimate, pleading them down to lesser charges is often possible with a strong defense.

Penalties and Sentencing for Drug Crimes

The penalties for state and federal drug charges vary widely but are often severe, even for first-time offenders. Some general sentencing guidelines include:

• Misdemeanor drug possession – Up to 1 year in jail and fines up to $1000
• Felony drug possession – 1-5 years prison but can go up to 30 years depending on record and drug type. Fines up to $10,000.
• Trafficking/distribution/manufacturing – For serious federal cases, at least 10-15 years up to life in prison. Fines of $10,000 or more.
• Prescription fraud – 2-10 years prison depending on quantity of drugs obtained. Fines up to $250,000.

Other consequences of a drug conviction include:

• Probation and mandatory drug counseling/rehab
• Permanent criminal record affecting jobs and professional licensing
• Loss of federal benefits like food stamps and student loans
• Asset forfeiture – police seizing property and money associated with the crime
• Driver’s license suspension

Because so much is at stake, having an aggressive lawyer fight the charges and seek alternatives to jail time is crucial. Drug courts and diversion programs can sometimes lead to charges being dismissed after completion. For addicted defendants, getting into treatment programs is often the best option.

Finding the Right Drug Crimes Lawyer

Drug charges should never be faced alone. An experienced drug crimes lawyer will evaluate your case and build customized defenses to beat the charges or mitigate penalties. Be sure to choose a criminal defense attorney who:

• Has extensive experience specifically with drug cases, preferably both at the state and federal level
• Will conduct thorough investigations of all evidence and aggressively defend your rights
• Has a proven track record of getting drug charges reduced or dismissed pre-trial
• Will fight for alternative sentencing solutions like rehab instead of jail time
• Makes you feel comfortable and keeps you informed throughout the legal process

Don’t take chances with public defenders or lawyers with little drug crimes experience. The consequences of a conviction are too high. A dedicated drug charges lawyer can make the difference between prison and your life back.

Conclusion

Drug crimes remain some of the most aggressively prosecuted offenses in the U.S. Even minor possession charges can spiral into lengthy prison sentences. With so much on the line, never go through a drug charge alone. An experienced criminal defense lawyer can challenge the evidence against you, build strong defenses, and advocate for alternatives to jail time. Every case is different – with the right legal guidance, the best possible outcome is within reach.