Tag Archives: What is a Felony Drug Charge?

It is against both state and federal laws to willfully have possession of controlled substances like LSD, cocaine, heroin, methamphetamine and marijuana. The laws also include the chemicals used in the manufacture and cultivating of drugs including accessories associated with the use of drugs. Read on to learn more.

Requirements To Prove Possession

Depending on the state laws may vary but there are commonalities they all have.For example:

• Prosecutors must prove the accused person knew they had possession over the drug.

This includes “constructive possession.” Meaning the person had access to the drug even if they did not have it on them at the time.

Categories of Drug Possession Laws

With simple possession charges different states have different categories for particular drugs. However when it comes to possession with the intent to distribute he penalties can be far greater. However the prosecutor has to prove intent to distribute.

Drug Paraphernalia

This includes bongs, syringes and crack pipes. The Federal Drug Paraphernalia Statute defines this but usually it is decided on what the primary use of the item us. A water pipe, newly obtained with no signs of previous use may not be considered paraphernalia unless it was sold as a bong. Certain chemicals and materials used for the manufacture and cultivation of drugs are also considered to be paraphernalia.

Unlawful Search and Seizure

Your due process of law including search and seize procedures are protected by the Fourth Amendment. When drugs are found in plain view they may be confiscated and used as evidence. But if they are found in the trunk of a vehicle and the suspect did not consent to a search, it cannot be entered as evidence. Violation of a defendants fourth amendment rights mean the drugs are not permissible to be used at trial often resulting in the charges being dismissed.

The Drugs Are Not Yours

You can say the drugs do not belong to you and you had no knowledge of their whereabouts. An attorney can press the prosecutors to prove you are the owner and not someone else in the house, a roommate, visitor, or passenger in the car.

Lab Analysis

If something looks like a drug it does not mean it is a drug. The prosecution mist proves the substance that has been seized is the illicit drug by obtaining test results from a crime lab. The analyst must then testify at trial asserting the results of the test.

Missing Drugs

Often drugs can come up missing as a result of them being transferred around the system before they go to the destination of the evidence locker. Never assume evidence exists at trial time.

Planted Drugs

As a Police officers’ sworn testimony tends to carry a great deal of weight, it may not be easy to find a reluctant to speak against a colleague. But a motion can be filed and if the judge gives their approval it means the department is obliged to release the file of complaint. This includes who made the complaints and they can be interviewed by a private investigator or attorney.

Entrapment

This is when an informant of police officer induces someone to commit a crime they may not have otherwise performed. For example, applying pressure to pass drugs along to a third party. Usually this applies when the state is the source of the drugs that have been provided.

Medical Marijuana

Although it does not apply for federal charges, it may do for state charges in states where it is legalized. More often than not requiring a signed recommendation from a Doctor, charges can be dropped when there is convincing evidence of the medical necessity.

Need Help?

If you are facing drug charges, there may be defenses open to you that you have not considered. From how testimony was collected, how your rights were explained, whether evidence was preserved, an experienced attorney can help to get the best possible result.

Source: https://criminal.findlaw.com/criminal-charges/drug-possession-defenses.html

When you have been charged with drug possession a defense attorney can assist you. They may be able to challenge the facts of the case as well as challenge evidence and testimony as well as investigate errors in procedures and perhaps challenge on the grounds of an affirmative defense. Read on to learn more.

Unlawful Search and Seizure

Your due process of law including search and seize procedures are protected by the Fourth Amendment. When drugs are found in plain view they may be confiscated and used as evidence. But if they are found in the trunk of a vehicle and the suspect did not consent to a search, it cannot be entered as evidence. Violation of a defendants fourth amendment rights mean the drugs are not permissible to be used at trial often resulting in the charges being dismissed.

The Drugs Are Not Yours

You can say the drugs do not belong to you and you had no knowledge of their whereabouts. An attorney can press the prosecutors to prove you are the owner and not someone else in the house, a roommate, visitor, or passenger in the car.

Lab Analysis

If something looks like a drug it does not mean it is a drug. The prosecution mist proves the substance that has been seized is the illicit drug by obtaining test results from a crime lab. The analyst must then testify at trial asserting the results of the test.

Missing Drugs

Often drugs can come up missing as a result of them being transferred around the system before they go to the destination of the evidence locker. Never assume evidence exists at trial time.

Planted Drugs

As a Police officers’ sworn testimony tends to carry a great deal of weight, it may not be easy to find a reluctant to speak against a colleague. But a motion can be filed and if the judge gives their approval it means the department is obliged to release the file of complaint. This includes who made the complaints and they can be interviewed by a private investigator or attorney.

Entrapment

This is when an informant of police officer induces someone to commit a crime they may not have otherwise performed. For example, applying pressure to pass drugs along to a third party. Usually this applies when the state is the source of the drugs that have been provided.

Medical Marijuana

Although it does not apply for federal charges, it may do for state charges in states where it is legalized. More often than not requiring a signed recommendation from a Doctor, charges can be dropped when there is convincing evidence of the medical necessity.

Need Help?

If you are facing drug charges, there may be defenses open to you that you have not considered. From how testimony was collected, how your rights were explained, whether evidence was preserved, an experienced attorney can help to get the best possible result.

Source: https://criminal.findlaw.com/criminal-charges/drug-possession-defenses.html

State and federal laws may differ when it comes to drug crime laws, Normally federal charges can mean prolonged sentences while state level charges may involve probation and shorter sentence time. Regardless, a drug conviction can seriously impact your record. Read on to learn more about drug crimes.

Paraphernalia

This includes any device or piece of equipment used in the preparation, produce or to inhale, inject or conceal drugs in an illegal manner. It is not legal for anyone to import, export or sell any nature of drug paraphernalia including pipes, bongs, syringes and rolling papers. Though frequently designed to look as if they are intended for legal use, (for example a label saying only use for tobacco) – you may still face charges depending on the appearance of the object and from where it was purchased.

Possession

Although laws vary by state, under both state and federal laws it is not legal to have possession of any controlled substance that is illicit in in nature like cocaine, heroin or marijuana. You can face charges of possession, or with a larger amount possession with the intent to distribute and that comes with greater penalties.

Delivery and Manufacturing

Drug manufacturing includes any step of the process of production and it is illegal as is the delivery of said drugs. Prosecutors normally have to prove the intention of manufacturing and possession to gain a conviction. If they are successful, heavy fines and prison time may be the result. In some states marijuana cultivation is treated differently because of personal use and medical exceptions.

Trafficking

It is not legal to transport, import, or sell substances that are controlled like cocaine and marijuana. If you have been charged with a felony crime, the penalties may be more severe because it usually involves the transfer of a large amount of drugs that may lead police to believe you are going to sell the substance. Drug trafficking sentences cab run from three years to a life sentence in prison.

Dealing

Usually meaning the selling of drugs on a limited scale and it differs from locale to locale as well as federal law having different penalties. Usually involving one individual and a relatively small amount, the punishment is usually less as well than for larger amounts. Selling less than fifty grams of marijuana can equal a prison sentence of five years and a fine up to a quarter of a million dollars. But sale of more than a thousand kilos can mean a sentence of ten years to life.

Legal Help

Professional legal help is essential when you are facing any drug related charges as the penalties can be very harsh.

Source: https://criminal.findlaw.com/criminal-charges/types-of-drug-crimes.html

Penalties vary widely when you have been convicted of drug possession. It differs from state to state and can mean a fine of less than $100 and/or a few days in jail to fines of several thousand dollars and several years in state prison depending on your location. Manufacturing, cultivating drugs have heavier penalties than distribution or possession. Plea deals are sometimes offered to defendants who may be of assistance for more serious investigations. Read on to learn more.

Possession Penalties

Back in 1986, federal lawmakers enacted mandatory sentencing guidelines targeting higher level drug distributors but it also took a toll on lower end drug defendants. Most states have adopted similar procedures, primarily imposing fixed sentences based on the drug type, the drug weight and the number of previous convictions the person has had. Kentucky for example closely follows the strictest federal guidelines while California has some of the lightest sentences for drug possession.

Drug Court

Drug courts provide programs for defendants with felony drug charges that are overseen by a judge with the goal or drug rehabilitation as opposed to going to trial. Judges have considerable influence These programs usually last up to fifteen months and include treatment sessions, random drug screening and appearing in front of the judge regularly. Those who do not meet the stated criteria often face a short jail sentence.

Additional Factors

Other factors that may impact sentencing include:

• The defendants past record
• The type and amount of drug involved
• Aggravating factors such as the crime taking place within 1,000 feet of a school
• Drug distribution when suffering the abuse of a partner (known as the power dynamic)

State Drug Possession Laws

The Drug Enforcement Association known as the DEA focuses on interstate and large network drug trafficking yet sentences vary widely by state from one to twenty years in prison and fines that may exceed $10,000. Depending on the state, judges may have some discretion that can use when imposing sentences such as community service hours, fines and probation as well as length of prison sentences.

State Marijuana Laws

States differ widely on this issue with some states legalizing marijuana or substantially reducing possession penalties. Even in states where it is legalized there are still restrictions and regulations. Colorado allows you up to one ounce. Have more than two ounces in Colorado and it is a misdemeanor, more than twelve ounces and it is considered a felony.

Source: https://criminal.findlaw.com/criminal-charges/drug-possession-penalties-and-sentencing.html

Serious consequences, including criminal convictions can come from drug trafficking charges. With an upturn in illegal drug use, many prosecutors are looking to press for the harshest penalties under law. A criminal defense attorney who can protect your rights is vitally important. Read on to learn more.

Federal Drug Trafficking Charges

Federal law says it is prohibited for any individual to manufacture, distribute, dispense, or possess substances that are controlled. Sentences are based on the substance and quantity. For example: a maximum of five years for 50 kilos of marijuana, between five to forty years for 500 grams of cocaine or 100 grams of heroin, or from ten years to lifetime for 1 kilo of heroin, 1000 kilos of marijuana or 5 kilos of cocaine.

The sentences increase for greater amounts and can be enhanced if you have previous convictions or serious bodily injury or death results, as well as the involvement of a firearm and if you are the ringleader or not. Some of these offenses do not run concurrently so a convicted individual would serve the prison term for the rugs first and then the firearm.

It is important to realize that charges do not equal a verdict of guilty. Especially if your rights may have been violated during the arrest process.

State Drug Trafficking Charges

States follow similar principles and usually, but not always, control smaller amounts than the feds. In Arizona, for example a single gram of heroin, nine grams of cocaine or a couple of pounds of marijuana by a person for distribution purposes.

The Role of A Lawyer

You can speak with the criminal defense lawyers at Canterbury Law Group who have experience in aggressive defense representation for drug trafficking to help you obtain the best possible results. With life changing convictions a distinct possibility for drug trafficking, you can put us to work for you.

Source: https://criminal.findlaw.com/criminal-charges/drug-trafficking-distribution.html

In Arizona you may not knowingly use or have possession of illegal drugs. There is every chance you will face felony drug possession charges if drugs are on you, near your person or you are found to be under their influence. State laws are complex regarding the numerous levels of punishment but are dependent on the type of drug, any criminal history in the past and whether you are determined to be charged with simple possession for personal usage or with the intent to sell. Read on to learn more.

Penalties

With the passing of Proposition 200 in Arizona, non-violent drug offenders will not be sent to prison until they have been convicted three times. If probation and the mandatory drug program (TASC) is violated, they may face time in jail.

• Less than two pounds of marijuana results in fines and probation and depending on prior felonies between zero to 5.75 years spent in prison.
• Two to six pounds of marijuana results in fines and up to six months up to 7.5 years in prison.
• Below the thresholds for controlled dangerous drug and when charged with a class 6 felon, a fine of up to 4150,000 and four months to two years of jail time.

Defenses

Defenses can be multi-faceted, challenging facts, evidence as well as procedural errors and defenses whose purpose is to negate any criminal liability. Here are some popular defenses:

• Lack of knowledge or use where the state has to provide evidence you were knowingly in possession of drugs that are/were narcotic in nature. If you were not aware the drugs were there, you cannot be convicted.
• If you were searched illegally contrary to the fourth amendment, That said, drugs in plain sight are not covered under this.
• In states where medical marijuana and you have less than 2.5 ounces, you can escape charges by showing you were the qualifying patient and the marijuana came from a license dispensary.
• The use of peyote for religious practices and does not pose a threat to the community.

Reach Out For Assistance

A conviction for drug possession can change your life, forever. It can damage your future opportunities and carries the prospect of jail or prison time and heavy fines. It is a very good idea to use the services of a local experienced attorney who can explain how the law applies in your case.

Source: https://statelaws.findlaw.com/arizona-law/arizona-drug-possession-laws.html

Drug trafficking is the importation, transportation or selling of illegal drugs, also known as drug distribution. It is a federal crime, a felony, and not comparable to drug possession.

Law Overview

Federal law penalizes:

• The illegal import, transport and selling of what is known as unlawful controlled substances like cocaine, marijuana, heroin, and methamphetamines as well as other drugs that are not legal.
• Punishment can depend on the quantity and types of drugs, the location of distribution and if minors were the target.
• Sentences can range from three to five years to life in prison.
• Drug distribution/trafficking is a felony and you may be charged with this if law enforcement think you were selling. If you had large amounts of cash or drugs on you, you may face distribution charges.
• This also applies to prescription drug distribution.

Controlled Substances

A controlled substance is a substance governed by state and/or federal law. Classified at different levels, known as schedules:

• Schedule I: A highly addictive drug with no medicinal benefits and not safe to use.
• Schedule II: A highly addictive drug with some medical uses and may lead to dependency on the drugs.
• Schedule III: A drug with only a low potential for misuse, has accepted medicinal uses and a medium risk of dependency.
• Schedule IV & V: Less potential for drug abuse drugs with well known and accepted medical usages and only small chances for dependency.

Trafficking

State and federal laws need to be taken into account with trafficking situations. Federal law applies if the person crosses state lines but within a state, it will just be state laws, There are many federal drug laws and every state has their own laws. Generally, the laws are aimed at major drug operations but often those lower on the rung end up facing prosecution. Violent criminals have been known to serve less time than a small time drug dealer. Here are some examples of federal penalties:

• Ten years to a life sentence for 1000 kilos of marijuana, 5 kilos of cocaine or 1 kilo of heroin.
• Five to forty years for 500 grams of cocaine or 100 grams of heroin.
• Not in excess of five years for 50 kilos of marijuana.
• There are stiffer terms that may be imposed if a firearm is involved, or if a person is considered a leader or if bodily injury or death results and if there are prior convictions.
• Firearm charges cannot run consecutively with drug offenses.
• States differ in their penalties but for example in Arizona, it is assumed you are distributing if you have a single gram of heroin, 2 lbs of marijuana or 9 grams of cocaine.
• Although marijuana is legal in some states, state laws still say trafficking over certain amount of marijuana is still illegal even where it is legal to use it.

Obtaining Legal Help

Drug trafficking charges can mean seized assets, a reputation in ruins and hail time. It is a very good idea to speak with an experienced attorney who can help you obtain the best possible outcome.

Source: https://criminal.findlaw.com/criminal-charges/drug-trafficking-distribution.html

When it comes to felony drug charges, they are much more severe than average drug crimes. Federal and state criminal laws state that felony charges have a prison sentence of more than one year along with hefty fines. However, misdemeanor charges will have a small jail sentence and lower fines. Felony drug charges get considered to be serious criminal charges.

Get Representation And Education

You an represent yourself but the bets option is to get an attorney who specializes in drug charges who has the knowledge to defend people from drug charges to represent you. It is vital you appoint a lawyer as soon as you can. Their experiences and understanding of the system will assist you in comprehending the charges that have been laid against you as well as looking at solutions where the charges may be defeated. You can help by providing the lawyer with the information they need to build the most robust defense possible. Remember the more you can educate yourself about the process, the greater the chances of you working in tandem with your lawyer to get the best possible outcome.

Felony Drug Charge

When it comes to a drug charge, the difference between a misdemeanor and a felony will depend on different things. That could include factors like:

• If the drugs were trafficked or sold
• The type of drugs involved
• The amount of drugs

The one question that people tend to have is if drug possessions are a felony. The answer to this is that drug possession can be either a felony if the type of drug is found in large amounts while it can be a misdemeanor if it is just a small amount that is being personally used.

In many cases, distributing, trafficking, or selling drugs is labeled as a felony for most state laws. That is because there is a more significant potential for people to be affected or harmed by distributing the drug. Although, there are times when a person has a drug that is over a certain amount, and it can get seen as intent to sell and not for personal use.

Felony Drug Charge Examples

A felony drug charge can involve different types of conduct. Some examples of felony drug charges can be:

Selling drugs: selling drugs could cause a felony charge. When a person has a large amount of a specific substance, it could cause law enforcement to assume that drugs were getting held to sell eventually, which gets labeled as possession with intent to sell.

Drug trafficking: Whenever illegal or drugs get transported, it gets labeled as drug trafficking. Even though these drugs may not get sold, just transporting them can cause a felony charge. That is especially true if large amounts of drugs are getting moved. The charges could increase if the drugs have gotten trafficked across state lines.

Possession of controlled substances: When a person has some drugs, it could cause a felony charge. The type of drug and the amount of the drug depends on state and federal laws. For example, drugs like marijuana will need high amounts to get a felony charge. Yet, other drugs like cocaine need only a small amount to be a felony charge.

Just as mentioned before, the drug type can determine if the drug crime is a felony. Drugs get classified into schedules. A Schedule I drug will be a substance that little potential for medical use and high risks.

However, a Schedule V drug will be one that has the potential for a lot of different uses and low risks. If a person is the possession of a Schedule I substance or drug, then they can get a felony charge.

Contacting an Attorney if Facing Felony Drug Charges

A felony drug charge can cause significant consequences. You may find that it is best that you consult a criminal attorney in your area if you may be facing a drug charge. The attorney will be able to provide legal advice as well as help to build a case for a trial.

Source: https://www.legalmatch.com/law-library/article/felony-drug-charges.html