Drug possession, or possession of controlled substances, is one of the more serious types of drug crimes. Depending on the type of drugs involved, as well as the amount of drugs, the charges can range from misdemeanor charges to more serious felony charges.
Also, possession with the intent to distribute drugs can result in even more strict legal penalties. Sometimes possessing drugs over a certain amount automatically results in a presumption of an intent to distribute.
Depending on the nature of the criminal charges, and the surrounding circumstances, the defendant may have a number of defenses to charges of drug possession. While defending against drug possession charges can sometimes be difficult, there are a number of defenses that can be raised. These can include:
The legal classification for drug possession can range from a simple traffic citation to serious felony charges. This depends a few different factors, including:
Traffic citations and misdemeanors may result in criminal fines. In comparison, felonies usually result in a very high monetary fine (sometimes several thousands of dollars) and prison sentences for longer than one year. Repeat offenses can result in felony charges as well. In some cases, the defendant can argue for alternative sentencing options such as community service, or they may qualify for reduced or dropped charges.
Defenses for drug possession can vary according to the types of charges involved. Also, each state has different laws when it comes to criminal defenses for drug cases. Thus, you should contact a criminal defense lawyer immediately if you have any concerns involving drug possession. Your attorney can provide you with valuable legal advice, and can provide you with legal representation during a criminal trial.
Last Modified: 05-12-2016 10:45 PM PDTLaw Library Disclaimer
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