For those found guilty of possession of a drug, the specific circumstances of your case will play a big role in determining your penalties. The United States Drug Enforcement Administration classifies drugs into different categories, or schedules, depending on their accepted medical use, potentiality for abuse, and their potency.
Schedule I drugs have no known medical benefits, cannot be prescribed, and have high potentiality for abuse. More severe penalties accompany the possession of a Schedule I drug than those in a lesser category. Possession of a Schedule I drug will likely lead to jail time and/or a hefty monetary fine. In some cases, court-mandated rehabilitation or community service may be added to the penalty.
Some prescription cough syrups and pain medications are reserved for Schedule V, as they are commonly prescribed and are often taken and administered safely. Being caught with a Schedule V drug will not lead to an arrest as long as you are prescribed the medication and are not proven to be taking it recreationally, or distributing it. However, if you are not prescribed the medication and are abusing it, you will likely be arrested and charged with possession.
The quantity of drug that you are found to be in possession of will almost always increase the penalty an individual receives. Those found to be in possession of drugs by the pound or another large quantity can be hit with a charge referred to as “intent to sell.” Drug possession with intent to sell greatly increases the type of penalty, often leading to a longer jail sentence and/or higher fine.
How Can Evidence Impact Drug Charges?
Those arrested for drug possession are found to have drugs on their person or contained within their personal property. Law enforcement officers are held to certain standards that require them to lawfully and carefully collect this evidence. In some cases, law enforcement officers fail to properly collect this evidence which can lead to your case being thrown out. Law enforcement officers must have reasonable suspicion in order to search an individual’s car, home, or personal possessions. You must consent to a search if an officer does not have a warrant or reasonable suspicion. Without these two factors, an illegal search and seizure occurs.
The way in which your evidence is collected and compiled in a drug crime charge can affect the outcome of your case. Always speak to an attorney if you’ve gotten in trouble with the law regarding possession of drugs, or possession with intent to sell. A drug charge can ruin your personal and professional life, and you need quality, hardworking legal help to fight the charge.
How Can an Attorney Help Me With a Drug Crime Charge?
Your attorney will weigh the facts and figures of your case to determine the best method of defense. Only a drug crime lawyer is well-versed in the federal and state law that surrounds drug possession, so the quicker you call a lawyer the stronger your case will become. An attorney will help you compile all necessary documentation and will handle the legwork of the legal proceedings.
Your lawyer will assess the evidence and defend you before a judge. If applicable, your lawyer can help negotiate a plea deal to lessen your penalties and earn a smaller, less restricting charge. The option does exist to defend yourself in court, but you will be at a disadvantage without a tough lawyer.
The Bianchi Law Group, LLC Understands the Importance of Your Freedom
You deserve to understand the legal options that exist for you, and you deserve to have your voice heard in court. Schedule a free, no-obligation consultation with the Bianchi Law Group, LLC. Call our Parsippany- Troy Hills office at 862-210-8570 today.