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 incorrectly carry the view 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 bring different punishments, based upon the kind of drug possessed, the quantity in a possession, and many other key 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 for a first offense possession, the charge can span from 2-5 years behind bars and a $5,000 fine.
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 purposeful in such possession and knew that it was indeed 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 manage them; which is very simple. Making matters more difficult, prosecutors do not require to have actual statements from the accused or proof that the accused ever really used the drugs.
There are many common defenses that can be effectively used to prevent a conviction of a possession of dangerous drugs charge. An effective place to start is by establishing the legality of the possession of the substance, then whether the initial law enforcement contact or traffic stop was warranted. From there, the attorney can challenge if the search of the defendant’s property was lawful or excessive, 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 facing compound charges, or a more harsh crime of possession with the intention to distribute. The court considers intent to distribute crimes, commonly described as “drug dealing” or sales, to be much more serious than simple possession, and are usually based upon the quantity of substances an individual is found with, the drug’s purity, or by other proof showing the accused meant to sell them and not just use them.
Possession of Controlled Substances Defense Lawyer in Oklahoma
To view a drug possession charge of any drug as “no big deal,” whether marijuana or cocaine, is wrong and even dangerous to your future. The possible consequences for just possession of controlled substances may not be important, anyone dealing with a possession charge shouldn’t rely on hearsays or advice offered by close friends or relatives. A qualified, skilled attorney is the only one you should be talking with.