“Drug possession” can include a large a range of plausible violations and potential punishments, just like the term “drugs” can define a widely varied list of prohibited natural and synthetic substances. This is also determined by which state you are arrested in since each has its own laws regarding what constitutes drug possession and the potential penalties and sentences that a conviction can carry. But there are a few general concepts that apply in most states.
It is also essential to keep in mind that drug possession might be considered an offense or felony and there are several various factors which will determine that. Several of these factors consist of your age, your previous criminal history, whether you were on school grounds, the amount you have on you and whether you also had other paraphernalia also.
Another thing to consider is that just because you are arrested for possession, it does not mean that this is the only charge they will give you. You can get multiple charges all pertaining to the same incident, including intent to distribute, possession of paraphernalia and even DUI. Based on where you live, if you have drugs on you and have innocent items, such as a bat, you may even be imposed with a weapons charge.
What else is critical to know when you are dealing with a drug possession charge?
Drug Possession: Quantity Matters
In each drug possession case, commonly some of the most important factors in determining the result is the amount of drugs found on your person. Typically, a few drugs will be considered “simple” possession, or possession for personal use, carrying a light fine that’s equivalent to a traffic violation in states that have decriminalized marijuana. As a matter of fact, a larger amount of drugs may result to charges of possession with intent to distribute, which typically carries much harsher criminal penalties.
To establish an intent to distribute charge, law enforcement may require additional evidence beyond the amount of an illegal substance. To establish an intent to distribute, law enforcement officials will search for things like drug packaging materials, scales or other measuring apparatus, large amounts of cash or even messages on a cellular phones or computers.
Drug Possession: Pot Possession May Be Less Severe
The kind of drug you have in your possession can also determine the seriousness of the potential penalties. In many states, marijuana possession may still be on a par with other controlled substances, including methamphetamine, heroin, and ecstasy. And although marijuana is still illegal under federal law, two states– Colorado and Washington– have made the possession of marijuana legal, while a few other states and areas have decriminalized marijuana and turned the simple possession of a small amount of marijuana into a civil infraction, usually punishable by a small fine.
Drug Possession: Potential Punishments
So, having all of that into account– the state you’re in, the drug you’re captured with, the quantity of the drug in your possession, the instances surrounding your arrest, and the presence of prior drug possession convictions– the potential fines for drug conviction range from a small fine of no more than $2,500 to a number of years in state prison.
Drug Possession: Other Potential Punishments
Surely, not everyone busted for weed gets jail time. But that does not indicate that they don’t face a lot of problems coming from their arrest– consisting of, but not restricted to: probation and mandatory drug testing, loss of career, loss of child custody, removal from subsidized housing, asset forfeiture, loss of student aid, loss of voting privileges, and the loss of certain federal welfare perks like food stamps.
Drug Possession: Defending a Possession Charge
There is a variety of means that a defense attorney can go about defending your case for you. They can examine your case to see if there is some sort of loophole that you may be able to fit into to have the case dropped. Only an attorney who is experienced in combating possession charges and laws should stand for you and help you win your case.Categories:
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