Drug charges can range from simple misdemeanors to multi-jurisdictional felonies. Regardless of the charge, you need a competent and dedicated criminal defense attorney to help you obtain the most favorable outcome. Depending on the circumstances in your case, an experienced attorney may be able to get the evidence excluded for a violation of your constitutional rights. Your attorney may also advocate on your behalf for the imposition of an alternative sentencing structure wherein you are able to obtain rehabilitation for an underlying substance abuse problem. If your case proceeds to trial, your attorney may be able to successfully argue to the jury that you were not aware of the drugs, that they belonged to someone else, or that you were entrapped. By working with an attorney through the drug defense process, you are taking the guesswork out of the prosecution’s next move and are gaining greater control over the outcome of your case.
Drug Possession Cases
Drug possession crimes generally fall into two categories: possession for personal use and possession with intent to distribute. The former likely carries a lower penalty and the distinction between the two crimes is often a source of contention between prosecutors and drug defense attorneys. The criminal code contains guidelines for determining whether the accused had the intent to distribute the drugs in his possession or was merely transporting the contraband for personal use. Factors considered include:
- Quantity of drugs in the defendant’s possession;
- Location of drugs when found (e.g., pocket or container);
- Presence of baggies or a scale;
- Observance of hand-to-hand transactions with others;
- Presence of large amounts of money in the defendant’s possession.
Drug Cultivation or Manufacture
If you are facing charges relating to the cultivation of marijuana or the manufacture of illegal drugs, you should have a criminal defense attorney aggressively representing you because of the severity of the potential consequences. Law enforcement often circumvents the bounds of constitutional criminal procedure when engaging in the surveillance of alleged manufacture or grow operations. For this reason, there is a possibility you could have these charges dismissed altogether if your attorney can successfully argue for the suppression of drugs seized as a result of unlawful surveillance.
Drug Sales or Trafficking
Drug trafficking crimes can be charged by the State or Federal government depending on the circumstances. If you are facing both state and federal drug trafficking allegations, your attorney may begin by arguing that only one prosecution is necessary. Your lawyer will also represent your rights to a reasonable bond as judges overseeing drug trafficking cases routinely post bonds in excess of $250,000.00
If you are accused of engaging in drug sales or drug trafficking, you could face serious felony penalties depending on the amount and type of drugs sold. There are also sentencing enhancements for drug sales within a certain distance of a playground, school or daycare. Regardless of the nature or extenuating circumstances of your drug sales charge, your lawyer will advocate for a reduction or dismissal of charges – particularly if this is your first offense or you are engaged in the sale of small quantities of drugs.
Even in a drug trafficking or sale case, an experienced attorney may be able to get the evidence excluded for a violation of your constitutional rights. If your case does proceed to trial there are a number of defenses that can be presented to the jury that could result in a Not Guilty verdict.
Call us Today for Help with Your Drug Crimes Case
Even if you are facing a misdemeanor penalty, you are best-advised to work with a drug crimes defense attorney throughout your case. The prosecution loves to see a self-represented opponent and will not arrange for special treatment for any pro se drug defendant. Contact our drug crimes criminal defense law firm to protect your rights and criminal record.
If you have recently been arrested for a drug crime, contact Maroni Law as soon as possible so that we can begin preparing your defense and fighting for you.