Drug Charges Attorney

Is Possession Of Marijuana A Drug Offense?

Although marijuana has been decriminalized or legalized in a number of states, there are still a number of ways a person may be charged with a drug offense for possession of marijuana. Some states only allow for medical use and possession of marijuana, which means using or possessing marijuana for recreational purposes is still a drug crime. Other states set drug laws controlling the amount or grams of marijuana a person may possess before it is considered a criminal offense.

The federal crimes of possession and distribution of marijuana are still considered felonies. It is a Schedule I drug so the initial charge will be treated as misdemeanor. However, any subsequent criminal charges will be treated as felony drug charges.

Talk to a criminal defense attorney before you meet with him.

You should think about what you need from your attorney before you meet for your first meeting. For example:

• Are they familiar with representing clients in similar situations?

Are they familiar with representing clients in similar situations?

• Will they be the one working your case or will they hand it off to someone else?

Will they be the one working your case or will they hand it off to someone else?

• Are they familiar with the court and/or judge in your case?

Do they know the judge and/or court in your case?

• Are they able to devise a plan for you?

Are they able to devise a plan for you?

These are essential to make the most out of your time, and gain the best insights.

• Court paperwork detailing the charges against you, and future appearances.

Court paperwork detailing the charges against you, and future appearances.

• Police reports.

Reports from the police

• Additional paperwork relevant to this case.

Additional paperwork relevant to this case.

The defendants may also ask about any other people involved in the case, such as witnesses or victims. To avoid any conflict of interest, they need to ensure that no one else has represented them.

What is Drug Possession?

The illegal possession or possession of controlled substances is considered drug possession. Essentially, to be convicted of drug possession charge, you knowingly must have a controlled substance in your possession or within your proximity and control such as in the trunk of your car or in your home.

Because it's both a federal crime and a state offense, drug possession is a more common reason for people to be imprisoned in America. Although laws regarding illegal drug possession vary from one state to the next, the general rule is that the nature of the drug and its quantity will determine whether it's a misdemeanor of a felony or what the punishment might be.

Drug offenses are treated seriously by the criminal justice system. This can result in severe penalties such as driver's licence restrictions or imprisonment. These criminal cases require a criminal defense lawyer who is familiar with the drug laws to help avoid severe penalties and preserve the rights of the accused.

Texas Drug Crime Statistics

Texas is home to many drug crimes, including possession and sales. These charges are the reason that thousands of Texas police officers are arrested each year, according to Texas Department of Public Safety. Here are the 2018 statistics from Texas on drug crime in Texas.

• 2018 saw 125 754 drug-related arrests, and 2017 saw 128,003 such arrests.
• 22,693 arrests occurred for drug sale and manufacturing in 2018 - an 18% increase in the crime from 2017 when 19,228 arrests occurred.
• In Texas, police officers seized 10,118 pounds heroin and 165,232 grams of pot during 2018.
• Other common drugs seized by Texas law enforcement include codeine, morphine, and hallucinogens such as LSD, PCP, mushrooms, and peyote. Texas officers have also arrested individuals for the manufacture, abuse and possession of stimulants, such as tranquilizers and amphetamines.
• Approximately 58.4% of drug sale and manufacturing arrests involved synthetic narcotics in 2018, including methadone, pentazocine, and the incredibly deadly and dangerous drug fentanyl.
• One percent of all drug sales and manufacturing arrests were for marijuana. 17.2% of those arrests related to opium and cocaine. 12.3% involved other drugs.
• 148,447 arrests occurred for drug abuse charges in Texas during 2018, a 0.8% increase from the number of arrests in 2017.
• 50% of drug possession arrests in 2018 involved marijuana, while only 9.5% involved synthetic narcotics and 18.4% involved opium or cocaine.

San Diego Drug Lawyer

California's recent policy on drugs has been more liberal than in the past. Penalties for some offenses have been reduced, and it's now a misdemeanor to possess less than one ounce of most controlled substances. While the state is more accommodating when it comes drug use, they are still tough about drug transport, manufacturing, and sale offenses.

• Incapture in a prison or county jail
• Significant fines
• A permanent record as a criminal drug offender
• Inability to find a job or rent a house or apartment
• You may lose your professional license or be unable to renew it.
• You may face deportation if you are unable to get an American citizenship or immigration visa.
• Federal financial aid is not available to students who are ineligible

You have options when it comes to drug-related charges. An experienced San Diego drug lawyer may be able to help, whether it's by crafting a defense strategy to convince a jury of your innocence, or convincing a prosecutor or judge to be lenient and let you enter drug rehab or serve probation instead of going to jail.

Schedule A Free Case Evaluation

The police have the right to use any information you give or receive against you while you are under arrest. It's best not to say anything at all, at least until you have a criminal defense lawyer present. Do not answer any questions or give police any information. If they ask for your security code to get into your phone, politely decline. You will tell them that you won't answer their questions until you consult a lawyer. As soon as you can make a phone call, use it to have a free case evaluation with The Law Offices of Michael Dreishpoon. Our Indianapolis Drug lawyers can let you know exactly what to expect, what to do, and where to go from there.

North Carolina Penalties for Drug Trafficking

Trafficking in controlled substances may result in large-scale transportation, manufacturing, possession or sale. Drug trafficking is a more serious offense than drug possession. Higher amounts of drug can lead to longer sentences. Based on the severity of the drug, longer sentences may also be imposed. Potential sentences include:

After an arrest on charges of drug crimes in North Carolina, what happens next can have a serious impact on your future. A criminal defense attorney who is knowledgeable, understanding and can help you navigate the process of facing any type of drug charge should be your guide.

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A Nevada charge for possession for sale (NRS 453.337) can get reduced to simple possession if prosecutors fail to prove that the defendant was planning to sell the drugs. To prove intent to sell, the following is typical evidence that prosecutors can rely upon:

• Large amounts of drugs, more than one person would need for just recreational use;
• Drugs divided in baggies or containers, indicating they are "ready to sell";
• Lots of cash, presumably proceeds from an illegal drug sale;
• A firearm, presumably for the defendant to use in case a drug deal goes bad; and/or

These indicators may have innocent explanations. Many recreational drug users carry guns and cash without being dealers. And especially during COVID-19, many recreational drug users "stock up" to minimize social interactions and transmission risks.

In these cases, criminal defense attorneys would stress that the state's evidence is all circumstantial and does not directly implicate the defendant. If prosecutors see that they probably would not win a guilty verdict at trial, they may be willing to lessen or drop the charge.

Check out our article related to marijuana possession and sale.

Houston Drug Crime Defense Options

There are many possible defenses to drug possession charges. These can be used to dismiss the charge or lower penalties. Possible defenses can include:

• He or she did not know that he/she was carrying a controlled drug.
• The drug has a Federal, Food, Drug, and Cosmetic Act approved new drug application.
• A prescription medication is one that is prescribed by a doctor.
• The drug was not intended for human consumption by the defendant.
• According to a Federal Food, Drug, and Cosmetic Act, the defendant was allowed to use an approved investigational method.
• The defendant did not possess a sufficient quantity of the drug for the applicable charges.
• The drug was taken into the possession of law enforcement officers after it was illegally searched and seized.
• The drugs belong to a party other than the defendant.
• Insufficient evidence from crime labs has been provided by the prosecution to show that the incriminated drug is illegal.
• The prosecution cannot produce the actual drugs.
• Another party planted the drugs in the defendant's possession.

All of these defenses can be used in drug possession cases, but the defendant's dependence on a substance cannot. Having an addiction to an illegal or controlled substance indicates that the defendant once possessed the substance to form addiction in the first place.

With the potentially serious consequences of drug possession, you should not attempt to face charges alone. Our skilled attorneys will provide you with the knowledge you need about Texas's drug laws, how they apply to your case, and any possible defenses you may use in court. Our attorneys will fight for the truth and stand by you.

Federal Penalties for Drug Possession with Intent to Distribute

Minimum 5 years and Maximum 40 Years:

• 1 gram of LSD or more
• 500 grams or more of cocaine
• You should consume no less than 10g of PCP
• 40 grams or more of fentanyl
• 100g or more heroin
• 100 kilograms or more of marijuana / 100 or more plants

10 year mandatory minimum and maximum life

• You can buy 50g or more actual meth
• 10 grams or more of LSD
• 500 grams or more of a mixture containing meth
• 100g or more PCP
• Fentanyl 400g or more
• 1000 kg or more marijuana

Indianapolis Drug Crime Lawyer

The Law Offices of Michael Dreishpoon Indianapolis criminal defense attorneys are well aware of the impact a drug-related charge can have on a person’s life. A conviction, arrest and detention can cause irreparable damage to relationships and interfere with one's work life. Experienced Indianapolis defense lawyers are necessary if you find yourself in a criminal case where you have been charged with drug crimes. The Law Offices of Michael Dreishpoon have helped many clients achieve the best outcomes possible for their cases, and may be able help you. With more than 40 combined years of criminal defense legal experience, we'll fight for you with everything we have.

What You Can Expect From Us

The Law Offices of Michael Dreishpoon is available to you when you hire them

• Our team includes drug defense lawyers with years of experience in defending drug cases, including those involving trafficking, drug sales, drug manufacturing, and possession.
• Two State Bar-Certified Criminal Law Specialists with in-depth training that keeps our drug attorneys one step ahead of the prosecution and ready to defend your rights.
• The resources to fully investigate your case through fingerprint analysis, witness interviews, consultation with narcotics experts, and more.
• Lawyers for drug charges who are skilled in litigating complex cases at pre-trial motions and jury trials, as well as post-conviction proceedings and appeals.

Whatever you are facing, we can handle it.

Possession of a Controlled Substance-Hs 11350

California Health and Safety Code Section 1153501 regulates possession of controlled substances. It is illegal to possess controlled substances without valid prescription. The list of controlled substances pursuant to HS 11350 includes, but is not limited to, opiates, heroin, cocaine, and prescription drugs.

To be convicted of a possession of a controlled substance charge under Health and Safety Code Section 11350, the prosecution must prove that:

• A controlled substance was illegally owned by you
• You knew of its presence;
• You knew of the substance's nature or character as a controlled substance; and
• There was a useable amount of the controlled substance.

California Health and Safety Code Section 1350 makes possession of controlled substances a misdemeanor crime that can lead to up to one-year imprisonment.

Learn more about California's controlled substances laws by clicking here. (https://www.wklaw.com/possession-controlled-substance-overview.html).

Illinois Drug Crime Defense Lawyer

An old network TV public service announcement from yesteryear warned: "If you get busted for drug 'over there', you are in for the hassles of your whole life."

That PSA was referring to overseas drug busts. Fast-forward several decades and the same could be said for our own country, especially in the state of Illinois. An arrest on drug-related charges in the state can lead to serious consequences for a person's life, career, reputation, and family. These are the types of legal cases that can be very serious and potentially fatal. You need to have access to aggressive, accessible and attentive criminal defense in Chicago and Cook County.

These professional abilities, personal qualities and track record of success can be found at The Law Offices of Michael Dreishpoon. He's a former prosecutor who has made a local and statewide name for himself by frustrating the latest generation of prosecutors at every turn, in case after case, on behalf of people just like you.

Whether the offense you are charged with involves possession, distribution or drug trafficking, you can put Mr. Garfinkel's many years of experience in drug crime defense to work to remedy your situation. To schedule a complimentary initial consultation, contact Garfinkel by telephone, fax or email.

How We Can Make A Real Difference For You

All drug-related charges are taken seriously by the state of Florida. The police and prosecutor will make every effort to obtain a conviction if you have been arrested. Our experience with criminal defense law and prosecutorial laws can help us explore all options to minimize the punishments you may face, or get the charges dropped altogether.

Also, we can examine and investigate the procedure of arrest. If we uncover violations of your constitutional rights, it can potentially be enough to get charges dismissed. If the police can't prove you actually had the drug, we may be able to argue for dismissal.

We can also pursue alternative options such as pretrial diversion or community control, drug court and mandatory inpatient rehabilitation if a dismissal cannot be reached. In addition, we can provide knowledgeable counsel regarding technical legal issues such as actual possession versus constructive possession of drugs.

Punishments For Drug Crime Convictions In North Carolina

The following are the charges and penalties for possession, distribution or sale of controlled substances in North Carolina:

Drug Charges Fall Into Two Categories

• Transporting drugs illegally
• Making drugs
• Drug sales
• Possession of drugs with the intent to sell them

What Is Considered A Serious Drug Offense?

There are many illegal drugs in Texas. These include marijuana, heroin, methamphetamines, crystal meth, methamphetamines, ecstasy and LSD. The Law Offices of Michael Dreishpoon has handled countless cases involving drug crimes, and can competently defend clients charged with the following:

Is A Drug Charge A Criminal Offense In Texas?

A drug offense is a crime under Texas state law and Texas federal law. A drug crime case can result in a 500-dollar fine for a Class "C" paraphernalia or life imprisonment (the maximum sentence). Many factors will determine whether you are charged with a misdemeanor, or a felony. These penalties and factors may include:

• Your possession of any drugs at the time you are arrested
• Minors involved
• Type of drug
• The drug's intent (simple possession, or possession with the intent to sell).

Houston Drug Crime Lawyer

Are you or someone close to you being accused of drug crimes in Texas? If so, it's imperative you seek legal representation right away.

Drug cases have the potential to be highly complex and to present numerous severe penalties if the defendant is convicted. The Law Offices of Michael Dreishpoon is an experienced and aggressive drug crimes lawyer in Houston.

Since 1997, we have helped hundreds of clients get charges dropped or dismissed. If you have been accused or suspected of committing a drug crime in Harris County, contact our Houston drug crime lawyers as soon as possible.

Felony Drug Possession

Ohio's law provides a clear definition of how illegal drug users should be treated. In many cases, the penalties are stringent and broad. You could end up in jail and face heavy fines.

With the punitive stance of drug laws that Ohio follows, it is a vital part of your defense to find a qualified criminal defense attorney who understands the laws that you have allegedly violated.

Our Orlando Drug Crime Defense Lawyers Handle A Full Range Of Cases

Our team has extensive experience in dealing with all kinds of drug offenses. We've handled numerous drug crimes charges. We are familiar with the following cases:

What Is The Texas Controlled Substance Act?

Texas Controlled Substance Act (TCSA) is the state's main health code and safety code. It regulates legal and illicit substances. It outlines the state's complete laws for possession of illegal drugs, as well as additional abuse of prescription drugs and all related penalties.

The Controlled Substances Act organizes drugs into four main categories:

• Hallucinogens, or drugs that alter perception, such as LSD, marijuana (cannabis), and ketamine

Has Washington Dc Legalized The Possession Of Marijuana?

For a better understanding of the legality of certain drugs in the District of Columbia, we recommend you consult with a DC attorney. A local legal representative could provide more information about the changing marijuana possession laws.