Possession of controlled substances, in criminal law, describes 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 falsely have the view that possessing drugs is a minor violation, but really a judgment of possession can lead to major complications.
Possession of Controlled Substances Penalties
Possession of controlled substances charges deliver different punishments, based upon the variety of drug possessed, the amount in a possession, and many other crucial factors like the variable of prior offenses. The penalties for a possession of a controlled substances crime may include imprisonment, enormous fines, probation, parole, as well as the possible loss of certain civil liberties. To give you an idea, the penalty for possession of 8 oz or more of marijuana is 18 years imprisonment and fines of up to $15,000.
Possession of Controlled Substances Defense
To become successfully convicted of a possession of controlled substances crime, it must be proven beyond a reasonable doubt that you not only in fact possessed the illegal drug, but that you were purposeful 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 intention to use or deal with them; which is very simple. Making matters more tough, prosecutors do not require to have actual statements from the suspect or evidence that the suspect ever really used the drugs.
There are many common defenses that can be successfully used to prevent a conviction of a possession of dangerous drugs charge. A great place to start is by determining the legality of the possession of the controlled substance, then whether the initial law enforcement contact or traffic stop was warranted. From there, the lawyer can question 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 end up dealing with drug charges, or a more severe crime of possession with the intent to distribute. The court considers intent to distribute crimes, usually described as “drug dealing” or sales, to be much more serious than simple possession, and are normally based upon the quantity of substances an individual is found with, the drug’s purity, or by some other proof noting the suspect meant to sell them and not just use them.
Possession of Controlled Substances Defense Lawyer in New Mexico
To view a drug possession charge of any drug as “no big deal,” whether marijuana or cocaine, is inappropriate and even perilous to your future. The possible consequences for just possession of controlled substances may not seem significant to you now. Anyone handling with a possession charge shouldn’t rely on hearsays or advice given by close friends or family members. A qualified, proficient attorney is the only one you should be communicating with.