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 location. A lot of people erringly believe that having drugs is a minor violation, but really a judgment of possession can lead to major consequences.
Possession of Controlled Substances Penalties
Possession of controlled substances charges deliver different penalties, based on the kind of drug possessed, the quantity in a possession, and many other important variables like the variable of prior offenses. The penalties for a possession of a controlled substances crime may include imprisonment, big fines, probation, parole, as well as the possible loss of specific civil liberties.
Possession of Controlled Substances Defense
To become convicted of a possession of controlled substances criminal activity, it must be proven beyond a reasonable doubt that you not only ultimately possessed the illegal drug, but that you were deliberate in such possession and knew that it was certainly an illegal drug. Prosecutors, nonetheless, only have to show that the implicated is aware the drugs were present and has the intent to use or deal with them; which is very simple. Making matters more complicated, prosecutors do not require to have actual declarations from the suspect or proof that the accused ever really used the drugs.
There are many common defenses that can be used well to prevent a conviction of a possession of controlled substances charge. A nice place to start is by validating the legality of the possession of the controlled substance, then whether the initial law enforcement contact or traffic stop was warranted. From there, the attorney can argue 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 could be facing compound charges or a more harsh crime of possession with the intention 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 generally based on the quantity of substances an individual is found with, the drug’s purity, or by some other evidence manifesting the suspect meant to sell them and not just personally use them.
Possession of Controlled Substances Defense Lawyer in Arizona
To see a drug possession charge of any drug as “no big deal,” whether marijuana or cocaine, is bad and even damaging to your future. The probable consequences for just possession of controlled substances may not be important, anyone coping with a possession charge shouldn’t rely on hearsays or advice offered by close friends or relatives. A qualified, proficient attorney is the only one you should be speaking with.