Drug charges can cause serious problems in your life, including jail time and heavy fines. Having a knowledgeable drug crime lawyer on your side can help.
In order to be found guilty of possession, the prosecutor must prove that you were aware of the drugs’ presence and could exercise control over them.
Possession
The possession of illegal drugs is a serious crime. A conviction can negatively impact your life in a variety of ways. In many cases, it may affect your family relationships, your ability to gain employment and even your eligibility for housing or child custody. A skilled criminal lawyer can expose illegal police practices and other errors that could weaken the prosecution’s case against you.
The penalties for drug possession depend on the class of drug and the amount found in your possession. Penalties can be more severe if the police find evidence that you intend to distribute the drug, such as digital scales, baggies and incriminating text messages.
For you to be charged with possession, the police must prove that you knew that you were carrying the drug. They will need to show that you had control over the drug, which is usually established through a confession or other testimony. The location of the drugs and whether they were near a school or children’s home may also lead to increased punishment.
Distribution
The federal drug offense of distribution of drugs covers the illegal sale, exchange, manufacturing and distributing of illicit narcotics and prescription drugs without proper authorization. It is punishable under 21 U.S.C SS 841. To be charged with this crime, the prosecution must prove you had drugs in your possession and the intent to distribute them. This can include both actual and constructive possession, which means you may not have physically touched the drugs but still had power over them to control or influence their availability and use. The amount of the drugs found also affects the level of charge.
Drug distribution charges are usually felony crimes and carry harsher penalties than drug possession. They can result in prison time, large monetary fines and the seizure of assets like homes and cars. A criminal defense lawyer can help you defend yourself against these serious charges. A good attorney can argue that you did not have the intent to distribute the drugs and can challenge the evidence against you.
Sale
Drug dealing and sales are serious offenses that can carry prison sentences, fines, and other significant penalties. A criminal defense attorney can investigate the facts of your case and fight to reduce or dismiss charges. Some of the offenses that you could face if charged with drug selling are criminal sale in the first degree, criminal possession of drugs with intent to sell, criminal use of drug paraphernalia, and criminal possession of methamphetamine manufacturing material in the second degree.
Police may charge you with drug possession with intent to sell if they believe that the amount of unlawful drugs you possess is larger than a normal user would have for personal use. Intent to sell can also be gleaned by the presence of drug paraphernalia, such as pipes, syringes, empty bags, scales, and other items commonly used to measure or consume unlawful drugs. At Cron, Israels & Stark, our New York drug charges lawyer can explain how different schedules of drugs work and how they affect potential convictions.
Trafficking
The illicit drug trade is a global black market that includes the cultivation, manufacture, transportation and sale of prohibited substances. It is one of the world’s most profitable and widespread organised crime activities and ravishes communities, puts businesses at risk and strains government institutions.
Drug trafficking is a serious offense that carries heavier penalties than drug possession. It can carry life in prison sentences, depending on the type and amount of drugs involved and the geographic area in which they were distributed.
The supply of illegal drugs to the United States is facilitated by international criminal groups that operate at every stage of the drug production process. These organisations are usually linked to other forms of criminal activity and profits from the drug trade can be used to finance a range of crimes, including firearms smuggling, money laundering and terrorism. Organised crime groups often employ direct couriers to transport their drugs, which can be concealed in a number of ways: on people, inside animals and objects and in shipping containers.