Tag Archives: Felony Drug Charge Definition

DUI, or driving under the influence, typically involvesștiintoxication with alcohol. However, alcohol is only one of numerous substances that can impair an individual’s ability to operate a motor vehicle. Driving under the influence of drugs, including both legal and illegal substances, can also result in DUI charges.

Mixing drugs with driving, whether it’s medical marijuana or legally prescribed muscle relaxants, is as illegal as driving under the influence of alcohol and can also constitute a DUI offenseștii.știi.știi. There is no defense to drugged driving charges based on doctor’s orders.

According to a survey conducted in 2010 by the Substance Abuse and Mental Health Services Administration (SAMHSA), approximately 10 million Americans drove under the influence of illegal drugs during the previous year. In 2009, more than 18 percent of fatally injured drivers tested positive for at least one illegal or prescription drug, per a National Highway Traffic Safety Administration study (NHTSA). According to another NHTSA survey, one in five motorists killed in car accidents in 2009 tested positive for drugs.

Different drugs have different effects on drivers. However, substances that impair judgment, vigilance, concentration, or motor skills are regarded as equally (if not more) hazardous than alcohol.

Assessing Drug Impaired Driving

In all fifty states, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. At the time of a traffic stop, it is relatively simple to determine a driver’s blood alcohol concentration (BAC) due to the rapid elimination of ethanol fromștiinștiinthebodyștiiștiiștiiștiiștiiștiiștiiștiiștiiștiiștiiștiiștiiștiiștiiștiiștiiștiiștiiștii And since Breathalyzer tests are highly accurate, readings of 0.08 percent or higher frequently result in a guilty plea or conviction for DUI if the traffic stop was conducted according to protocol.

This is not the case for substances other than alcohol.

For instance, the psychoactive component of marijuana (THC) is detectable in a person’s urine or bloodstream for up to four or five weeks after use, and it is impossible to definitively detect impairment at a specific time. Cocaine, on the other hand, is typically eliminated from the body within two days. In a letter to Congress, the NHTSA acknowledged that current knowledge regarding drugs other than alcohol is “insufficient to permit the identification of dosage limits that are associated with an increased crash risk.”

Some jurisdictions employ “Drug Recognition Experts” (DREs) — police officers with specialized training who follow specific guidelines to determine drug impairment in drivers. DREs scrutinize a person’s eye movements, behavior, and other indicators of drug use. The District of Columbia and 44 states have Drug Evaluation and Classification Programs in place to train DREs.

Typically, a urinalysis or a blood sample is utilized to detect the presence of drugs.știinștiinștiinștiiștiinștiiștiiștiiștiiștiiștiiștii

Per se drugged driving laws

15 states have what are known as “per se” drugged driving laws, even though it is more difficult to prosecute drivers accused of driving under the influence of drugs as opposed to alcohol. It is against the law to operate a motor vehicle with any detectable amount of certain drugs in one’s system, according to these DUI laws.

Arizona, Delaware, Georgia, Illinois, Indiana, Iowa, Michigan, Minnesota, Nevada, Ohio, Pennsylvania, Rhode Island, Utah, Virginia, and Wisconsin are the 15 states that have laws against driving under the influence of drugs that apply to all drivers. The remaining 12 states have a zero-tolerance policy for the presence of intoxicating drugs.

North Carolina and South Dakota prohibit drivers under the age of 21 from possessing any detectable amount of an illegal or otherwise prohibited substance. In five states (California, Colorado, Idaho, Kansas, and West Virginia), it is illegal for known drug addicts and regular drug users to operate a motor vehicle.

Intoxicating Effects of Several Illegal Drugs

• Relaxation, euphoria, disorientation, altered time and space perception, drowsiness, paranoia, image distortion, and a heightened heart rate are the effects of marijuana.
• Cocaine causes euphoria, excitement, dizziness, increased focus and alertness (initially), confusion and disoriented behavior, irritability, paranoia, hostility, and a heightened heart rate.
• Methamphetamine causes euphoria, excitement, hallucinations, delusions, insomnia, poor impulse control, an elevated heart rate, and elevated blood pressure.
• Intense euphoria, drowsiness, relaxation, sedation, disconnection, mental clouding, analgesia, slowed heart rate, nausea and vomiting, and diminished reflexes are the effects of morphine and heroin.
• Hallucinations, altered mental state, delusions, impaired depth, time, and space perception, hypertension, and tremors are all side effects of LSD.

Prescription & Nonprescription Drugs

Some drugs purchased legally at a pharmacy, whether prescribed by a doctor or purchased over-the-counter (OTC), can be just as dangerous for drivers as alcohol and can result in a DUI. If you are uncertain about a drug’s potential to impair, consult the label or your pharmacist.

The following prescription and over-the-counter medications can impair driving:

Some sedating antidepressants cause impairment comparable to that of a drunk driver.

• Valium: 10 mg of the popular tranquilizer can cause impairment comparable to 0.10 percent blood alcohol content.
• Many antihistamines reduce reaction time and impair coordination.
• Numerous over-the-counter decongestants can induce drowsiness, anxiety, and vertigo.
• Even in the morning, the residual effects of sleeping pills can impair driving.
• Hydrocodone, the active ingredient in Vicodin, is comparable to opiates and causes impairment comparable to morphine and codeine (oxycodone has similar effects).

Medical Cannabis

DUI charges may still be filed against motorists who reside in states that permit the medical use of marijuana with a valid doctor’s recommendation. Consequently, if the officer and/or drug recognition expert have collected sufficient evidence of marijuana impairment, a valid medical exemption cannot be used as a defense. In this regard, medical marijuana is identical to other prescription drugs that can cause impairment.

Are you under arrest for driving while impaired by drugs? Obtain Legal Aid

DUI charges involving alcohol are easier to prove because the devices used to measure blood alcohol concentration (BAC) are fairly accurate. However, the situation becomes more complicated when other substances are involved. As it is difficult for officers to determine the level of impairment at any given time, a skilled attorney can often provide an effective defense against such charges. If you have been charged with driving under the influence of alcohol or drugs, it is in your best interest to contact an experienced DUI lawyer in your area as soon as possible.

Methamphetamine, colloquially referred to as “crystal meth,” is a highly addictive substance. Meth is classified as a schedule II controlled substance under federal law. Meth possession, sale, or manufacture is a federal and state crime. Additionally, it is a very dangerous drug, posing numerous health and safety risks to those who use or manufacture it.

The United States has faced repeated surges of meth abuse over the last three decades. As a result, the federal government and individual states have enacted legislation increasing the severity of penalties for those convicted of selling (distributing), manufacturing, or trafficking meth. States have taken a variety of approaches to possession penalties. Certain states have reduced possession penalties on the grounds that personal use frequently results in addiction. Other states have not followed suit, and tough-on-crime legislation remains on their books.

This article will discuss the penalties for meth possession and its precursors. The penalties for selling, manufacturing, and trafficking meth are significantly more severe, with numerous enhancements for crimes that endanger children, life, or property.

How Is Crystal Meth Defined?

While many drugs, such as cocaine and marijuana, are derived from plants, meth is synthesized through the use of chemicals. It is frequently synthesized as a white powdery or rock-like substance that is smoked, snorted, or injected. Meth is frequently referred to as “crystal meth” due to its rock-like appearance. Additionally, meth is referred to by a variety of other names, including “ice,” “crank,” “speed,” and “glass.”

The manufacturing process is quite hazardous, as it involves the use of explosive and noxious chemicals that have a negative impact on the environment. Homes, apartments, and other structures that have been used as meth labs require extensive detoxification and are frequently demolished to save money on remediation.

What Is the Difference Between Meth Precursors and Paraphernalia?

Apart from prohibiting possession of meth, the majority of jurisdictions make it illegal to possess the chemicals used to manufacture meth (known as “precursors”). Ephedrine, pseudoephedrine, phenylpropanolamine, and norpseudoephedrine are all precursors to meth. Numerous states and the federal government criminalize the possession and retail sale of precursors in specified amounts. For example, it is a misdemeanor under federal law to purchase more than nine grams of meth precursors within a 30-day period. Regulations and penalties vary by state.

Additionally, most states prohibit the possession of paraphernalia used in the sale or manufacture of meth, such as scales or balances, or used to smoke or inject meth, such as glass pipes.

What Exactly Is Possession?

To convict someone of meth possession, the prosecutor must establish beyond a reasonable doubt that the defendant possessed the drug with knowledge.

Knowingly implies that the individual was aware that the substance was a drug and that they possessed it. For instance, if a packet of drugs is slipped into another person’s bag, the bag owner does not knowingly possess the drugs.

Possession can refer to either actual or constructive possession of the drug by the defendant. Actual possession implies that the individual possesses the drugs (such as in their hands or a coat pocket). If the drugs are not physically on the defendant—say, in a drawer or trunk of a vehicle—the prosecutor must establish that the defendant had constructive possession of the drugs. Constructive possession requires the prosecutor to establish that the defendant was aware of the drug and exercised “control” over it. Control could entail possessing the key to the car trunk or having access to the drawer containing the drugs.

Possession of Crystal Meth: Crimes and Penalties

Penalties for possession of meth vary according to whether the case was brought under federal or state law. Convictions carry a range of penalties, from a fine or a misdemeanor jail sentence to a lengthy prison sentence for felonies.

Federal Penalties for Meth Possession in the Unlawful Possession of Meth

Under federal law, knowingly or intentionally possessing meth is a misdemeanor punishable by up to one year in prison on a first offense. Subsequent meth possession offenses, on the other hand, carry mandatory minimum sentences and are punishable as felonies. A second offense carries a mandatory minimum of 15 days in jail and a maximum of two years in prison, as well as a minimum $2,500 fine. A third or subsequent offense carries a sentence of 90 days to three years in prison and a minimum $5,000 fine.

Simple Possession of Meth: State Penalties

State penalties for meth vary significantly, ranging from traffic violations and minor misdemeanors to felonies. Certain states adhere to the federal model, which criminalizes simple possession regardless of the quantity or type of drug involved. Other states impose penalties based on the quantity or type of drug involved, or a combination of the two. The majority of states have enhanced penalties for subsequent convictions.

Defenses Against Prosecution and Immunity From Prosecution

Depending on the facts of the case, a defendant may be able to defend against possession charges or avoid charges being filed in the first place.

Defenses. Several common defense strategies for defending against drug possession charges include the following:

Attempting to suppress evidence of the drugs on the basis of an unauthorized search or seizure, and

Defending the prosecution’s case by claiming the defendant did not possess the drugs (lack of knowledge or control over the drugs).

Laws governing good Samaritans. To combat drug overdoses, several states have enacted Good Samaritan laws that shield individuals from certain drug charges when seeking medical assistance for themselves or others. These laws are intended to encourage people to seek assistance without fear of arrest or being charged with drug possession. States vary in their implementation of these Good Samaritan protections. Some allow a defendant to assert this defense, while others grant immunity from prosecution for specific possession charges.

Consult an Attorney

Being charged with a meth possession offense can be extremely serious. Consult an attorney who is familiar with the applicable drug laws and penalties in your particular case. A skilled criminal defense attorney can assess your case and any possible defenses.

Under federal and state law, heroin and other illicit narcotic drugs are illegal, but many states now offer drug diversion programs to help drug addicts get treatment instead of going to prison. The powerful opiate is classified as a Schedule I drug in Arizona (making its possession a felony). However, if the defendant has never been convicted of a felony, the court has the option of making it a Class 1 misdemeanor. If this is the case, the fine must be at least $1000 or three times the value of the substance, whichever is higher. The following graph summarizes the various heroin offenses, with a more detailed breakdown below.

Section of the Code

13-3401 et cetera; 36-2501 et cetera

Possession

Class 4 felony, but the court can reduce it to a Class 1 misdemeanor if the offender has never been convicted of a felony; fine of not less than $1000 or three times the value of the substance, whichever is greater;

Sale

Class 3 felony punishable by a fine equal to three times the drug’s value or $1,000; Sale to a minor is a Class 2 felony punishable by a fine of $2000 or three times the value of the item, whichever is greater. For selling to minors in a drug-free school zone, add one year to the sentence and a fine.

Trafficking

Transportation/importation is a Class 2 felony (manufacture)

Heroin is in your possession.

Possession of heroin is a felony drug charge in Arizona. This means that a sentence of at least two years and six months in prison is expected. A court may be able to reduce the drug charge to a Class 1 Misdemeanor depending on the street value of the heroin in possession. If the defendant agrees, this is an option. In addition to the jail time, the fine is $1000, or three times the heroin’s street value, whichever is greater.

Heroin is being sold.

Selling heroin is a Class 3 felony, which means the penalty is more severe than simple possession, which is a Class 4 felony. If the sale is to a minor, the crime is elevated to a Class 2 felony, and if the sale occurs in a drug-free school zone, the sentence is increased by one year. A Class 3 felony carries a fine of $1000 or three times the value of the drugs, whichever is higher. The minimum fine is $2000 if the sale is to a minor.

While most people are aware that drugs like marijuana, cocaine, and heroin are illegal under federal and state law, you may not be aware that people can be prosecuted for owning or selling related items or objects, even if they aren’t in possession of the drugs themselves. This article will teach you everything you need to know about drug-related paraphernalia laws.

Laws Concerning Drug Paraphernalia

It is illegal to do any of the following under federal law:

• To offer to sell or sell drug paraphernalia
• Drug paraphernalia can be mailed or transported through interstate commerce.
• Drug paraphernalia can be imported or exported.
• Possession of paraphernalia alone is not a federal offense. However, it is illegal in some states to simply own or possess these items. Police may search for drug residue, and if it’s obvious that a pipe, bong, hookah, or other item was used to smoke illegal substances, a person could be charged with drug paraphernalia.

Numerous specific examples of prohibited paraphernalia are listed in federal law, including:

• Glass, wood, stone, plastic, and ceramic pipes
• Bongs, water pipes, and chillums (a long hollow pipe usually made of clay)
• Clips of roach (objects used to hold burning materials like rolled cigarettes or joints that are too small to be held by hand),
• Snorting cocaine with miniature spoons that hold less than a tenth of a cubic centimeter
• Freebase cocaine kits, also known as paraphernalia, are items that are used to smoke cocaine

Some states have longer lists of prohibited items than others. Washington State, for example, adds:

• Weighing scales and balances for controlled substances
• Instruments for determining the strength or purity of controlled substances
• To “cut” or dilute the strength of narcotics, materials or chemicals are used.
• Injecting controlled substances with syringes or needles.

Law enforcement officials must use a variety of factors to distinguish between a legal physical object (such as a scale or a spoon) and illegal drug paraphernalia, according to both federal and state laws.

Certain objects, such as bongs and roach clips, may have been removed from the list in states that have legalized marijuana for recreational use. Even if a state no longer prohibits the sale of these items, it’s important to remember that federal law still considers them to be illegal drug paraphernalia.

Penalties for Possessing or Distributing a Controlled Substance

The penalties for drug paraphernalia offenses are generally less severe than those for offenses involving illicit drugs. The maximum penalty for selling paraphernalia under federal law is three years in prison plus a fine. As previously stated, federal law does not make possession illegal in and of itself.

Penalties vary depending on the state. In Ohio, for example, drug paraphernalia possession is a fourth-degree misdemeanor punishable by up to 30 days in jail and a fine, but dealing in paraphernalia is a second-degree misdemeanor punishable by up to a year in prison and a fine (up to 90 days in jail plus a larger fine). While most states treat paraphernalia distribution as a misdemeanor, if it involves the sale of items to minors, some states make it a felony.

Heroin is one of the most widely available illicit drugs. Federal law prohibits the sale, possession, or trafficking of the drug across state lines. Additionally, it is illegal to sell, possess, or traffic heroin in the state of Arizona.

Does Arizona Classify Heroin as a Schedule I Substance?

Yes, Arizona classifies heroin as a Schedule I controlled substance. Because heroin is considered one of the most addictive drugs, it is classified as a felony under this category.

Is There a Certain Amount of Heroin That Constitutes Heroin Possession?

Yes, possessing a gram or more of heroin is considered a crime.

Why Was I Charged in Arizona with Heroin Possession?

There are two scenarios in which you can be charged with heroin possession. The individual possesses heroin and is physically in control of it. The other is constructive possession, which occurs when an individual possesses heroin but does not have it directly in their possession, but still has the intent and ability to control it.

What is the Arizona Penalty for First-Time Heroin Possession?

Heroin possession is a class 4 felony. A minimum of two years and six months in prison is the penalty. Maximum prison sentence is 12 and a half years.

Could a Charge of Heroin Possession Be Reduced to a Misdemeanor?

Yes. If the defendant has never been convicted of a felony, the court may reduce the charge to a misdemeanor punishable by jail time and a fine.

What if This Is My Second Charge of Heroin Possession?

A second conviction for heroin possession carries a maximum sentence of 23 to 14 years in prison.

What is the Penalty for a Third Conviction of Heroin Possession?

A third conviction carries a mandatory minimum sentence of six years in prison. At least 35 years in prison is the maximum sentence.

Do I Need to Consult an Attorney?

Yes, it is in your best interest to consult with an Arizona criminal defense attorney regarding your heroin possession charge. You will learn whether it is possible to mitigate or dismiss the criminal charge.

In the United States, it is unlawful to possess cocaine for recreational purposes in any form. Arrest, driver’s license suspension, court fines, obligatory rehabilitation programs, and jail are among the legal and financial consequences of possession.

Cocaine is classed as a category II drug by the United States Drug Enforcement Administration (DEA). Cocaine is a stimulant drug that produces euphoria and is highly addictive. The criminal penalties for possessing and distributing schedule II restricted substances vary by state and are mostly determined by the amount of the substance in a person’s possession at the time of arrest.

State-level criminal sanctions for cocaine differ depending on the amount in a person’s possession, how the substance was obtained, and the demonstrated intent of possession. Misdemeanor charges for little amounts and significant criminal charges for large amounts, intent to distribute, and trafficking are among the penalties. Probation, court penalties, and brief terms of jail are common punishments for misdemeanor offenses. Depending on the seriousness of the offense, felony convictions can result in up to 20 years in jail.

Specific cocaine offenses, such as trafficking, are punished as federal felony offenses under the Federal Controlled Substances Act. These infractions can result in fines ranging from $1 million to $50 million, as well as jail sentences ranging from 20 years to life. Individuals who have been convicted of at least one prior trafficking offense face extra penalties ranging from $2 million to $75 million, as well as concurrent life sentences.

Possession of Cocaine Is Legal

Cocaine has a few medical applications as a Schedule II banned substance. Cocaine’s limited medicinal applications, however, do not include its usage as a prescription medicine. As a result, possessing cocaine for non-medical purposes is prohibited. Furthermore, every state in the United States considers the distribution, manufacturing, trafficking, or any other interaction with cocaine to be a criminal felony.

If you’re caught with cocaine in your possession, you could be charged with a state misdemeanor, felony, or federal felony, all of which carry substantial legal and financial consequences.

Cocaine Quantity Possessed

The amount of cocaine in a person’s possession impacts the categorization and severity of the charges that will be brought against him or her if they are detected. While state-level cocaine possession penalties are based on the amount of cocaine in possession, federal offenses are based on the nature of the criminal act and the individual’s criminal history. Each state has its own set of rules for the use, possession, and punishment of restricted substances. If you have any questions about specific state laws, you should see an attorney.

Prior Criminal Records

The severity of the legal and financial penalties that an individual faces is heavily influenced by their criminal history, as well as the amount of cocaine and intent of possession. For persons with a history of drug-related offenses, the penalties for each charge of possession are harsher than for first-time offenders. Individuals with a history of non-drug-related offenses are likewise susceptible to harsher punishments in possession instances. At the federal level, a person’s criminal past has a compounding effect in cocaine possession prosecutions. A first conviction for any amount of cocaine possession brings a $1,000 minimum fine and up to a year in prison, while a second conviction carries a $2,500 minimum fine and two years in prison.

Court-ordered Rehabilitation

Cocaine-related offenses carry harsh punishments under the law. Individuals can have their charges and punishments reduced or eliminated as part of pretrial intervention programs if they volunteer to participate in and complete court-ordered rehabilitation programs. Drug treatment courts, according to the National Association of Drug Court Professionals, are the “…single most successful intervention in our nation’s history for leading people living with substance use and mental health disorders out of the justice system and into lives of recovery and stability.”

Getting Caught With Cocaine In Your System

There are a number of charges associated to the illicit use of cocaine, in addition to the statutory prohibitions on possession, trafficking, and distribution of cocaine. Furthermore, if random drug testing programs identify cocaine usage among people on probation, in pretrial diversion, or in other drug-related situations, they are likely to face far harsher punishments than for the original offense. Cocaine can be detected in people using urine, blood, and hair follicle testing, despite its short half-life of about an hour. Cocaine remains detectable in urine for two to four days after usage, in blood for up to ten days, and in hair follicle tests for up to 90 days.

Normal punishment for a Class 6 felony ranges from 6 to 18 months with a presumptive sentence of a single year. An aggravated term equals prison time of two years and the mitigation term is four months. Read on to learn more.

However, if your Class 6 Felony charge did not involve a weapon or cause serious injury, the Judge may enter a judgement of a Class 1 misdemeanor or sentence you to probation, holding off the charges to see if you complete probation. The prosecutor may also make a decision to charge as a misdemeanor offense. Some examples of Class 6 felonies in Arizona are:

• Property theft between $1,000 and $2,000
• Gun theft
• Tampering with a witness
• Possession of less than two pounds of marijuana for personal use  
• Possession of drug paraphernalia.

(Ariz. Rev. Stat. §§ 13-604, 13-702, 13-1802, 13-2804, 13-3405, 13-3415 (2020).)

Felony Fines

A felony can carry a fine of up to $150,000 as well as prison time and additional fines related to drug crimes. The state also applies various surcharges equaling up to 78%. However, the judge may reduce the fine amount if you can make the case it would be a financial hardship for yourself and immediate family members.

(Ariz. Rev. Stat. §§ 12-116.01, 12-116.02, 13-603, 13-801, 13-821, 13-825, 16-954 (2020).)

Lastly, those convicted also face additional fees known as assessments. These are small charges applicable to all crimes, but also some that relate to specific crimes ranging from $50 to $500.

(Ariz. Rev. Stat. §§ 12-114.01, 12-116.05, 12-116.06, 12-116.07, 12-116.08, 12-116.09, 12-116.10, (2020).)

Legal Help

There can be serious long term consequences for felony convictions. Obtaining a job and housing can become far tougher to achieve, you will be able to have legal possession of a firearm and face stiffer penalties should you be made guilty of a further felony. An experienced attorney can help you to obtain the best possible resolution for your case.

The United States Drug Enforcement agency classifies cocaine as a Schedule II narcotic. hence it is illegal for recreational use nationwide. Cocaine with is addictive qualities attract severe criminal penalties for possession and distribution, although these penalties can differ by state. Read on to learn more.

Associated Crimes

Depending on the amount in your possession, how the cocaine was obtained and the intent of your possession can all play a factor in the severity of the penalty you may face at a state level. These can vary from small misdemeanors to serious felony charges for distribution and trafficking. Penalties can range from small fines to probation to up to twenty years imprisonment. Certain offenses are considered to fall foul of the Federal Controlled Substances Act and are handled as felony cases. Fines can range from $1,000,000 to $50,000,000 and from twenty years to a life sentence in prison.

Legality Of Possession

Cocaine is not included as a prescription drug so its use out of medical uses is illegal. Distribution, manufacture and the trafficking of cocaine is against the law in every state. The amount of cocaine in your possession impacts the severity of the charges you may face. Offenses at a state level are based on possession, federal offenses often focus on the intent and the criminal background of the person involved.

Criminal History

If you have a record of drug related offense, the charges you face will likely have greater consequences should you be found guilty. The initial conviction for cocaine use is a minimum fine of $1,000 and up to a year in jail and a second conviction carries up to two years in jail and a fine of $2,500.

Rehabilitation

If someone who has been charges volunteers to enter and complete court-appointed rehab programs they may have their charges and sentences dismissed or reduced. Keep in mind if you are ever drug tested and are found to have cocaine in your system when you are in the stages of pretrial or probation, you will likely face penalties that are far more severe.

Source: https://www.therecoveryvillage.com/cocaine-addiction/faq/what-happens-getting-caught/

A felony drug charge can you send you into a nightmare style labyrinth of confusion. But ignoring the issues will not make them go away. Read on to learn more about your options.

Attorney Representation

You will first need to obtain a lawyer experienced in tackling felony drug possession cases. Contrary to what you may think, your case may come up rapidly, so it is vitally important to obtain the services of an attorney at the outset of proceedings. We suggest as soon as bail has been posted.

Defense Strategies

There are various approaches that can be made but let’s look at some of the important factors to consider.

• Remember the prosecution has to prove each and every element of the case they present against you beyond a reasonable doubt. Your attorney is in the best position to assess whether they have done this or not.
• Your attorney will ensure the correct procedures were followed. Was your search legal, was there reasonable suspicion to perform the search of your person and your vehicle? Have your fourth amendment rights been violated? If so, it cannot be used in a prosecution. If you were denied the right to legal representation and/or not Mirandized correctly, your case may be thrown out on those grounds.
• Your attorney will ensure certain timelines are adhered too that may invalidate the case of the prosecution.

Lab Tests

Your attorney may be able to take the stance there is not enough evidence to confirm is the drug you were found in possession of is actually illegal. There is a possibility lab testing equipment may have failed or the drug sample may have been misplaced, not labeled correctly or even destroyed. This may not happen often but it does occur and your attorney can make good use of this in the fact the prosecution will be unable to confirm you had a drug that was illegal about your person.

Reasonable Doubt

The prosecution must provide evidence you knowingly and intentionally possessed drugs that were illegal. Even if it was in your vehicle, can it be proven you had knowledge of it being there. If you give rides to people, it may have come from them while they were riding with you. If the attorney can argue successfully you did not know the drugs were there, the case is over. The prosecution is the party who has the burden of proof. If there is reasonable doubt you cannot be convicted under the law.

Contact A Drug Possession Attorney

If you are facing felony drug charges get in touch with an attorney specializing in drug possession cases straight away. They can help you fight the charge and get the best possible outcome.

Source: https://www.lanceturnbowlaw.com/how-to-win-a-drug-possession-case/

The average cost for a defendant facing a misdemeanor charge that reaches trial is an average of $2,500 with costs varying from $2,000 to $3,000. The attorney may require an advance averaging $2,000 per day with prices varying from $1,500 to $2,500 for the US.

You will want the best lawyer you can obtain when facing an investigation regarding illegal drugs. Read on to learn more.

In smaller communities lawyers may not charge as much. Fees may average $150 per hour ranging from $100 to $200 for an attorney with experience for the US. You can double that if you live in a heavily populated area. Of course, cheaper does not always equal better for anyone. A lawyer who is more expensive and costlier may be able to tackle the complexities of the issues at hand in a more expedient matter. They will also be able to accurately estimate the time it will take them to work on your situation.

Charges For Lawyers On Marijuana Drug Cases

The average cost of legal defense for marijuana possession is $1,375 with costs ranging from $750 to $2,000 or greater for the US. Remember the attorney will charge by the hour as well as expenses related to the case like, photocopies, research or interviews. Those attorneys working for a flat fee need to explain what is and is not included in that fee.

Additional Fees

The average cost of felony trials average $4,500 with costs ranging from $2,000 to $7,000 for the US. The same applies as above for attorneys working on an hourly basis or for a flat fee.

Source: https://wesource10.com/how-much-do-lawyers-charge-for-drug-cases/