Possession of controlled substances, in criminal law, states marijuana, heroin, or other controlled substance, and is a crime under federal as well as state laws. Drug possession crimes are some of the very common, making up a big percentage of the crimes charged in any given area. A lot of people mistakenly possess the perspective that having drugs is a minor violation, but really a judgment of possession can lead to major complications.
Possession of Controlled Substances Penalties
Possession of controlled substances charges deliver diverse penalties, based upon the type of drug possessed, the amount in a possession, and many other essential factors like the variable of prior offenses. The punishments for a possession of a controlled substances crime may include imprisonment, big fines, probation, parole, as well as the possible loss of particular civil liberties. To give you an idea of the possible sentences, a possessions charge of ecstasy carries two-year jail sentences for less than one gram and maximum sentences of life imprisonment and fines of up to $50,000 for possession of 400 grams or more.
Possession of Controlled Substances Defense
To become successfully convicted of a possession of controlled substances criminal activity, it must be proven beyond a reasonable doubt that you not only in fact possessed the illegal drug, but that you were purposeful in such possession and knew that it was indeed an illegal drug.
Prosecutors, nonetheless, only need to show that the suspect is aware the drugs were present and has the intent to use or deal with them; which is very simple. Making matters more hard, prosecutors do not require to have actual declarations from the suspect or evidence that the accused ever really used the drugs.
There are many common defenses that can be productively used to prevent a conviction of a possession of dangerous drugs charge. An effective place to start is by validating the legality of the possession of the substance, then whether the initial law enforcement contact or traffic stop was warranted. From there, the attorney can challenge if the search of the defendant’s home was lawful or unnecessary, or if the search was given with invalid consent. The defense could argue to whether police force even had the right in terms of a valid search warrant.
Possession of Controlled Substances Versus Distribution or Sale
Somebody charged with possession of controlled substances might lead to facing drug charges, or a more harsh crime of possession with the intent to distribute. The court considers intent to distribute crimes, generally described as “drug dealing” or sales, to be much more serious than simple possession, and are usually based upon the amount of substances an individual is found with, the drug’s purity, or by some other proof indicating the suspect meant to sell them and not just use them.
Possession of Controlled Substances Defense Lawyer in Texas
To see a drug possession charge of any drug as “no big deal,” whether marijuana or cocaine, is not right and even life-threatening. The probable repercussions for just possession of controlled substances may not be essential, anyone dealing with a possession charge shouldn’t rely on hearsays or advice supplied by close friends or family members. A qualified, knowledgeable attorney is the only one you should be talking with.