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 typical offenses, making up a big percentage of the crimes charged in any given area. A lot of people wrongly have the view that having drugs is a light or minor violation, but really a judgment of possession can result to major consequences.
Possession of Controlled Substances Penalties
Possession of controlled substances charges bring various consequences, based upon the sort of drug possessed, the quantity in a possession, and many other major factors like the variable of prior offenses. The punishments for a possession of a controlled substances crime may include imprisonment, massive fines, probation, parole, as well as the possible loss of certain civil liberties. It is a third degree felony to possess Schedule I or II Controlled Dangerous Substances. Penalties include a fine of up to $5,000, up to 10 years in prison, or both. Second and subsequent convictions are 2nd degree felonies, which carries a fine of up to $10,000, minimum of 1 and maximum of 20 years in prison, or both.
Possession of Controlled Substances Defense
To become successfully convicted of a possession of controlled substances criminal activity, it must be proven beyond a reasonable doubt that you not only actually possessed the illegal drug, but that you were deliberate in such possession and knew that it was certainly an illegal drug. Prosecutors, nonetheless, only need to show that the accused is aware the drugs were present and has the intention to use or deal with them; which is very simple. Making matters more challenging, prosecutors do not require to have actual statements from the accused or evidence that the suspect ever really used the drugs.
To be successfully convicted of a possession of controlled substances crime, it must be proven beyond a reasonable doubt that you not only actually possessed the illegal drug, but that you were deliberate in such possession and knew that it was indeed an illegal controlled substance. Prosecutors, however, only have to show that the accused knew the drugs were present and intended to use or control them; which is fairly simple. To make matters more difficult, prosecutors do not need to have actual statements from the accused or evidence that the accused ever actually used the drugs.
There are many common defenses that can be used to prevent a conviction of a possession of dangerous drugs charge. An effective 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 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 whether law enforcement 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 compound charges, or the more severe crime of possession with the intent to distribute. The court considers intent to distribute crimes, commonly referred to as “drug dealing” or sales, to be much more severe 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 showing the suspect meant to sell them and not just use them.
Possession of Controlled Substances Defense Lawyer in Utah
To think of a drug possession charge of any drug as “no big deal,” whether marijuana or cocaine, is wrong and even perilous to your future. The possible consequences for just possession of controlled substances may not be essential, anyone dealing with a possession charge shouldn’t solely depend on hearsays or advice provided by close friends or loved ones. A qualified, knowledgeable lawyer is the only one you should be partnering with.