Possession of controlled substances, in criminal law, pertains to 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 incorrectly carry the view that having drugs is a minor violation, but really a judgment of possession can result to major repercussions.
Possession of Controlled Substances Penalties
Possession of controlled substances charges bring diverse punishments, based upon the variety of drug possessed, the quantity in a possession, and many other vital factors like the variable of prior offenses. The punishments for a possession of a controlled substances crime may include imprisonment, huge fines, probation, parole, as well as the possible loss of specific civil liberties. To give you an idea of the terms of sentencing, normally, they can span from 10 months to 3.5 years behind bars and a $100,000 fine.
Possession of Controlled Substances Defense
To become successfully convicted of a possession of controlled substances offense, it must be proven beyond a reasonable doubt that you not only in fact possessed the illegal drug, but that you were deliberate in such possession and knew that it was indeed an illegal drug. Prosecutors, nonetheless, only have 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 tougher, 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 properly used to prevent a conviction of a possession of dangerous drugs charge. An ideal place to start is by verifying 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 dispute if the search of the defendant’s estate 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 rather end up fighting compound 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 generally based upon the quantity of substances an individual is found with, the drug’s purity, or by other evidence indicating the suspect meant to sell them and not just use them.
Possession of Controlled Substances Defense Lawyer in Kansas
To view a drug possession charge of any drug as “no big deal,” whether marijuana or cocaine, is bad and even hazardous to your future. The potential consequences for just possession of controlled substances may not be important, anyone dealing with a possession charge shouldn’t rely on hearsays or advice given by close friends or relatives. A qualified, proficient lawyer is the only one you should be collaborating with.