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Category Archives: Drug Attorneys

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Tools to Help You Avoid a DUI Charge

While Richmond Hill DUI lawyers can help you if you find yourself facing an impaired driving charge, the best way to keep yourself out of legal trouble is to take steps to make sure you don’t get behind the wheel of a vehicle while intoxicated in the first place. This becomes especially true if you have a previous impaired driving charge on your record, as a second or third offence means more trouble in the future. To avoid a DUI charge, consider the following tools and tips.

Portable Breathalyzers

If you find yourself in trouble with a DUI charge, one of the first things that your Kitchener DUI lawyer may ask is what the results of your breathalyzer tests at the police station were. This is because using a breathalyzer test is one of the most effective ways to determine the level of alcohol in a person’s bloodstream. With this in mind, you can help prevent a DUI before it happens by investing in a portable breathalyzer. Many outlets in both the United States and Canada offer these devices. While they are not permissible as evidence in court, they serve as a good way to judge whether you are too intoxicated to get behind the wheel of a vehicle.

Select a Designated Driver

Without investing in new equipment and fancy technology, you can save yourself a lot of trouble by selecting a designated driver before you go out to a social event where there will be alcohol served. Most social groups who drink regularly institute a rotating system where the designated driver changes with each new event. This allows everybody to enjoy an event with alcohol while also remaining safe. If you don’t think you can get a designated driver, remember that public transportation can benefit you. In the Toronto area, public transportation is more robust than in many other parts of Canada and can thus help keep you from behind the wheel of a car if you have too much to drink.

Ignition Interlock Device

If you have multiple DUI charges, the court may require you to fit your vehicle with an ignition interlock device. This device requires the driver to blow into a mouthpiece before the vehicle can be driven. This provides an extra layer of security to make sure that nobody can drive the vehicle unless they would pass a sobriety test should they get pulled over. While you are no longer required to keep an ignition interlock device in your vehicle after you finish your court-mandated term, It isn’t always a bad idea to have one handy just in case. Some people find the device to be embarrassing, but it is a worthwhile safety measure for those who demonstrate repeated risky behavior.

There are many tools available to people who ardently want to avoid getting a DUI charge. If you have faced impaired driving problems in the past, your DUI lawyer may even recommend some of these ways to keep you on the straight and narrow going forward.

Mass Tsang LLP

1810 Avenue Road, Suite 200
Toronto
ONM5M 3Z2
Canada
(416) 781-1148



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Getting the Best: 5 Essential Tips to Help You Find the Right Lawyer for Your DUI Case

If you’ve been hit with a DUI, it is easy to feel like your life is over. You made a mistake. Perhaps it was a choice that you made a single time, or maybe you drive after drinking often, and this was the one time that you happened to get caught. In either case, you need to make some changes in your life, but first, you need to deal with the situation that has come to pass. But how do you find top DUI lawyers? Here are five ways that you can feel secure in making a choice.

Look at their History

You don’t want somebody representing you in a case like this that is just out of law school. Regardless of what property damage was caused, whether anyone was injured, or any of the other details of what happened, this is a serious matter in the eyes of the law, and you need someone backing you up who knows what they are doing. If the lawyer or law office that you selected has a long history of success in cases like this, then you can feel confident about that going forward.  

Recommendations

You might also speak to friends, family members, and colleagues to see if they have any recommendations. Maybe one of them was once in a similar situation, or they know someone else who was. If you hear from a person you know that a lawyer is trustworthy, it’s got to be better than picking one at random.

Cost of Services

The reality is that not all lawyers charge the same amount, and you probably don’t have unlimited financial resources. There might be a lawyer who you feel is an excellent choice for you, but when you ask them what they’re going to charge to represent you, it’s more than you can afford. If that’s the case, you don’t have much choice but to look for someone else who is more suited to your financial situation.

Look at their Website

You should look at the website of any DUI lawyer who you are considering. That website is the way they present themselves to the world, and if it is poorly constructed, with an outdated theme, misspellings, an inappropriate font, and links that go nowhere, then you should take that as a bad sign. A lawyer should take pride in every aspect of their practice, and that includes their website.  

Assess their Offices

It is for the same reason that you should go to their offices and take a look around. If the building out of which they work is dirty, in a crime-ridden section of town, or if they have a tiny office and no receptionist, then you’re probably going to want to look elsewhere. Appearances matter, and if your lawyer can’t afford or doesn’t care about a nice office, they’re probably wrong for you.

A DUI is not the end of your life, and it is something from which you can recover. You need a trustworthy lawyer who knows the ins and outs of the law, though. Be careful with your selection, and choose someone with whom you feel comfortable. A lot is riding on the outcome of your case.

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Busted for Drug Possession? This Is What Happens Next

Humans make mistakes and sometimes those mistakes get us caught. If your mistake of being irresponsible with drug possession gets you caught, it can mean you’re in a lot of trouble.

But that trouble doesn’t have to ruin your life. If you take the right steps you can minimize the damage this charge does to your future.

Learn the right steps below.

Don’t Admit to Drug Possession (or Anything)

When you’re arrested for drug possession it can mean one of two things: you’re bodily in possession (you’re high) and you have the drug on you.

Either way, the officer may try to use scare tactics to confuse or scare you into confessing. Don’t give into this. When they read you your rights, take the “You have the right to remain silent” right to heart.

Do not admit to anything. You may ask clarifying questions like “Am I free to go?” and “what am I being arrested for?” But don’t ask questions that prompt guilt.

For example, don’t ask “am I being arrested because I smell like weed?” That’s supplying the officer with evidence that you agree you smell like weed.

Ask them general questions if you have to and let them fill in the details. Or just stay silent and wait for a lawyer.

If You’re Booked . . .

If you’re sent to jail or holding, try to get out as soon as possible. That seems obvious, but a lot of people don’t know what that means, or how to do it successfully.

Do not tell the other people in holding what you’re being held for. Don’t admit to anything. You can say “they said they were arresting me for ___” but if anyone asks to follow up questions, deny or stay silent.

When you’re in holding, you can get out in one of two ways. You can pay your bail yourself – usually with about 10 to 20% down. Or you can call a loved one.

You get more than one phone call, usually, in larger jails because the more people you can contact to get you out, the less work the prison has to do.

After you find someone to post your bail (or you do it and get out) call a lawyer immediately.

Find the Right Lawyer

When you’re out of immediate danger, get some sleep. You’ll be tired from the events of the arrest and won’t be thinking clearly from the stress. This is another reason it’s so important to stay silent.

When you wake up, write down everything you remember about your arrest. It’s okay if it’s not in order or it doesn’t make sense. Just get it all out on paper.

When you talk to your lawyer, you’ll now have a list of things to help answer their questions.

If necessary, you may want to look into a rehab program, like this site.

Listen to Your Representation

Whatever your lawyer says, you need to do. Now, of course, you’re your own person and you can ask questions or draw boundaries. But in general, you need to follow their advice.

They’re employed for a reason and they know what to do. Give them the information they ask for in your drug possession case then let them help you.

Learn what you need in a lawyer, here

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2 months ago Drug Attorneys , DUI Lawyers , DWI , DWI Attorney , Laws

3 Amazing Benefits That Will Make You Hire A DWI Attorney

There are many offences one can commit on the road. The truth is that some of these incidences can lead to accidents which in turn will lead to death. Depending on how critical the accident is, one can survive with injuries or can pass on. Due to the increase of such cases, every country had to come with laws that will govern its citizens on the road. Some of these laws include obeying the traffic lights and that a driver shall not drive any vehicle when he or she is under the influence, this is according to dmv.org. These are common and reckless behaviours that can get you behind bars. However, there are lawyers whose duty is to represent you when it comes to such cases. Such cases have been classified under DUI (driving under the influence) OR DWI (driving while intoxicated). These lawyers have specialised in such cases and they are aware of what needs to be done. You should be very keen when hiring such lawyers because traffic rules vary from state to state. At least get yourself an attorney who understands the law of your state. When you have such a lawyer by your side, you will enjoy the following benefits;

  • Penalty

The common penalty an individual gets when he or she is convicted with traffic related crimes is either being jailed or suspension of their driving license. What next for you when any of this penalties are given? You will need a lawyer with experience to come and defend you and ensure that your penalty is reduced. For instance, if you transport goods from one place to another for a living, what will happen to you? Will your family go for days hungry until you are able to drive again? That shouldn’t be the case when you have a DWI Lawyer Nassau County by your side. DWI attorneys will help plead with the court so that you get a fair judgement.

  • Familiar field

Have you ever been to a new place? Do you notice how complicated it gets to ask for directions? Now imagine hiring someone who doesn’t know what they are supposed to do when you are convicted for driving while intoxicated crimes? You need to be smart and understand that law requires someone with experience. An attorney who has handled driving while intoxicated crimes before knows how the court functions. Basically he or she knows the system. They know how to look for loopholes and also argue out evidence presented in court. Don’t forget that when you hire someone who has more knowledge about something you become more confident and also you get to trust the process.

  • Legal protection and guidance

The major reason why you should always hire a DWI attorney is so that he can defend you. Defending you doesn’t mean arguing evidence alone, the attorney should also ensure that your rights aren’t violated at any given time. Whether you are guilty or not guilty, you have rights that need to be upheld until the court issues a ruling. However, your rights can’t be upheld if you don’t know how to handle yourself through the whole process. This is why you need the attorneys’ guidance. They will ensure you don’t commit any other mistake. Any attorney will tell you how important it is to respect the rule of law even when you are being convicted.

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Court-Ordered Rehab: 8 Facts You Need to Know

In lieu of going to jail, many judges mandate a defendant attends a court-ordered rehab. These rulings are occurring more and more, as we’re seeing how drug punishments don’t always serve their crimes. Plus, drug rehab, rather than jail time, could actually save the criminal justice system billions of dollars.

Court-mandated rehab can help you get the treatment you need for substance abuse. Rehab treats the issue at hand, rather than the criminal aspect which proves to be ineffective. If a judge orders you to attend, consider this an opportunity.

If you’re curious about your upcoming program, you’re not alone. Here are 8 facts you’ll want to know before attending rehab.

1. Choosing Your Rehab Facility

Defendants have their choice of a facility, but they must consider their sentence. Most judges mandate they seek a specific form of addiction treatment based on the crime.

For example, you may have to attend individual counseling, rather than a group setting. The court may also order you to attend a long-term program, i.e. one lasting longer than 90 days. Long-term programs are generally considered more effective.

Courts also tend to gravitate towards inpatient care, due to the structured nature. These facilities offer regular therapy sessions in a substance-free setting. Inpatient care often leads to a safer recovery process than those off-site.

2. Funding for Court-Ordered Rehab

In most cases, the defendant is responsible for paying for their rehab program. This may seem like a burden, but you must remember that rehab is an investment for the future.

Of course, inpatient care is more expensive than off-site services. Even if you’re ordered to live at a facility, there are some ways to offset the cost of your care.

Medical insurance can help lower your out-of-pocket costs. You may also want to inquire about private loans or consider paying in full. Again, go into this with the mindset of investing in a drug- and crime-free future.

3. Treatment Programs Are Effective

Many defendants feel their court-ordered rehab is a punishment, not a second chance. But, these programs are the most successful intervention for treating substance abuse issues.

Addiction and mental health disorders shouldn’t secure a person’s spot as a criminal. 65% of U.S. inmates have a substance abuse disorder, meaning they’re not getting the treatment they need.

The decision to mandate rehab, rather than jail, is one made out of compassion. It’s a chance for a future of stability and recovery, rather than imminent danger.

4. There are Consequences

Court-mandated rehab isn’t a total free pass. If you violate your sentence, there will be consequences. Most violations occur when a person refuses to enroll or stops attending before the required amount of time.

But, you’ll also get into further trouble if you relapse several times, possess drugs, or sell drugs. If guilty, a judge may sentence you to immediate incarceration, or impose a hefty fine.

Even if your violation was a one-time occurrence, you’ll still be accountable for your actions. Talk with someone at your facility if you feel your treatment is ineffective. Don’t stop attending unless you receive formal permission to do so.

5. Methadone Treatment vs. Opioid Treatment

Many make the mistake of assuming treatment for methadone is the same as other painkillers. Methadone withdrawal is similar to that of opioids. But, it’s longer lasting and far more intense, so it requires specialized treatment.

For that reason, you’ll want to seek a facility that specializes in rapid methadone detox. Other Methadone clinics tend to focus on tapering patients off the substance. But, for long-term results, patients need immediate detoxification.

It’s increasingly difficult to get someone off Methadone at small doses. Plus, given the symptoms withdrawal causes, it’s imperative a patient finds appropriate care.

6. You Must Earn Your Freedom

It doesn’t matter whether you’re at rehab because of your own decision or the court’s. You will revoke a lot of your freedom when entering the facility. It may not make sense at first, but it’s for your safety.

You might not be able to make calls for a while or even roam around the property. Over time, your caretakers will see that they can trust you and ultimately grant you your freedom.

Rehab is full of rules- ones that aren’t always so easy to follow. But, keep in mind that any violations could result in further restrictions.

7. Additional Requirements

Most rehab programs require you attend daily meetings or participate in certain activities. Those attending due to a court order may be subject to more requirements than others.

Often times, rehab doesn’t absolve one of all their crime-related punishments. Paying restitution and drug testing are both common consequences of a rehab sentence.

You may even have additional responsibilities after your treatment is over. It’s common for defendants to have a period of probation following rehab.

8. Why Court-Ordered Rehab Happens

It isn’t always evident why one person receives rehab over another. Rulings vary on defendants and the court itself, but there are some common predictors.

Those facing a first-time offense often receive rehab as a lighter form of punishment. Non-violent and non-sexual crimes are also other basic requirements.

Furthermore, a defendant must be willing to acknowledge the cause of their issue. They must plead guilty and have the desire to overcome their addiction.

Let’s Wrap This Up

Court-ordered rehab is a blessing in disguise. It helps defendants far past the legal sense. These programs can truly be a turning point in one’s life.

If you’re going to court over a drug offense, let us help you. Halt Lawyer Directory is your go-to database for finding the right attorney. Search through thousands of lawyers in your area right here.

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Do I Qualify for a Bad Drug Lawsuit? Everything You Need to Know

When you seek medical attention, you put your health in your medical provider’s hands. You expect that the remedies you get work in your favor.

Unfortunately, pharmaceutical companies sometimes get sloppy.

When you fall victim to a pharmaceutical company’s mishap, the implications could be dire. You may suffer injury. You may even have your ability to work productively severely impaired.

There may even be fatalities in the worst cases. When you are a victim of pharma negligence, you may be confused about the right avenues to channel your frustrations. It may not be an adequate reprieve, but a bad drug lawsuit puts justice on your side.

Still, battling a multibillion-dollar entity comes with its set of challenges.

Keep on reading to learn more!

When Can I File for a Bad Drug Lawsuit?

A bad drug lawsuit can happen in one or all of the following instances.

1. Insufficient Medical Instructions

At times, drug manufacturers neglect to indicate how one should use their product. As a result, patients take the drug wrongly. The effect of such mistreatment can range from aggravated symptoms to more severe problems.

If you fall victim to such a predicament, you can instate a bad drug lawsuit against the company. This kind of suit falls under the ‘failure to warn’ lawsuit.

Failure to warn remains one of the most prominent cases. They cover instances such as when a company markets its drug intentionally as effective for a specific condition. For example, there have been cases when a company knowingly sells a drug that is not FDA approved.

In other instances, drugs have been used to treat conditions they were not made to address.

In a bid to push sales, a company might fail to disclose all the side effects of a drug. This exposes patients to the harmful impacts. If you are a victim of any of these instances of intentional failure to warn, you have grounds to pursue a bad drug lawsuit.

2. Design Flaws

Advancements have led to some cutting-edge medical innovations. However, this also carries the possible risk of design defects. These defects could cause grievous bodily harm to a patient.

However, the design is not only limited to medical innovations. If a pharmaceutical company releases a drug knowing that the side effects outweigh the pros of a drug, they are liable for a bad drug lawsuit. Most side effects aggravate the patient’s condition to worse levels, leaving them at an often worse state.

3. Manufacturing Defects

Sometimes, a company will encounter a problem on the manufacturing line. This compromises the drug’s safety and puts the patients’ health at risk. When a patient consumes the defective drug, they can request a bad drug lawsuit if they develop complications from such a mishap.

If you or a loved one has been a victim of any of these situations, you can file a bad drug lawsuit to address:

  • Medical bills
  • Lost earnings
  • Reduced earnings
  • Pain and suffering
  • Funeral costs

The Answerable Parties in a Bad Drug Lawsuit

You can sue a pharmaceutical company. Doctors typically are not part of bad drug lawsuits. If you want to sue a physician due to other factors such as negligence, you need to discuss it with a reputable law firm such as Montes Law PLLC.

You can also sue the testing laboratory. Under strict liability, products claim, the laboratory is assumed to be responsible for the product before it gets to the end user.

Additionally, you can also sue the issuer of the drug if they talked to you about the product. In most cases, a pharmacist will discuss with you the drug before dispensing it. You can include them as a defendant in the bad drug lawsuit.

A doctor can be liable under the failure to warn. Doctors usually know about medications before prescribing them to patients.

The only party that can plead innocence is a sales representative. Since at times they don’t have enough information about the drug, they may have a considerable ground for defense.

However, if the representative knew of the risk of the drug, they are answerable.

Why You Need a Lawyer

Given the complexity and magnitude of such a case, you will require a qualified lawyer to assist you in a bad drug lawsuit.

Cases against mega pharmaceuticals can have you tied up in court processes for years. It is essential that you enlist the services of an attorney to advise on the most viable solution in a bad drug lawsuit.

A lawyer can oversee a settlement, saving you time and hectic processes.

How to Determine the Right Lawyer for a Bad Drug Lawsuit

Going into a class action lawsuit will require an experienced lawyer. To stand a good chance of getting justice, you need to make sure your lawyer is credible to handle such a case. You can identify a good lawyer by asking the following questions.

  • How much will it cost?
  • How extensive is your experience with bad drug lawsuits?
  • How many of these cases have you handled and how many succeeded?
  • Can you provide me with client recommendations?
  • How involved will I be in the case?
  • Have you received any accolades for your work?

These questions help you identify your best legal option.

You stand better chances if you join a group to sue a drug company. As a single entity, you may not generate the kind of attention that is required for you to get redress fast. However, as a group, there is a better chance for settlement or a class action lawsuit.

Can I Expect Any Pushback?

Pharmaceutical companies will often have some defenses specifically for bad drug lawsuits. If you go to trial, the company’s attorney may use:

  • Contributory negligence to imply that you caused your own injury
  • Assumption of risk
  • Product modification
  • The statute of limitation

Bad Drug Lawsuit – Wrap Up

You deserve to get your case heard if you fall victim to bad drugs. There are numerous instances of bad drug lawsuits that have resulted in well-deserved settlements. Contact a lawyer and review your options whether you would like to drive legal action alone or be part of a group case.

Getting a good lawyer to serve you in your case is the key to a successful settlement after the trial. Work with your lawyer and set a date to discuss the possible outcomes of your bad drug lawsuit.

If you’re looking for a good attorney, you can get started by searching for one here.

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7 months ago Drug Attorneys

What to do if You’ve Been Arrested for Drug Possession

When you’ve found yourself arrested for drug possession, it’s vital you know what to do and understand your rights. Knowing how to defend yourself is important, because being found in possession of a controlled substance is viewed very seriously in the eyes of the law. Even if you’re found not guilty of the charge, being arrested can have devastating consequences.

Being arrested for drug possession can find you serving jail time, having to pay expensive fines, probation; you could even lose your driver’s license. On top of this, you’ll have a criminal record, which can impact future employment opportunities and your career.  This is why it is important to hire an experienced drug defense attorney.

If you’ve been arrested for drug possession, you could be charged with the following offenses:

  • Possession of a controlled substance.
  • Possession with intent to distribute.
  • Sale, trafficking, cultivating.
  • Obtaining a prescription by fraud.

When you find yourself arrested for drug possession, the most important thing you can do is request legal assistance. A drug crime attorney in Los Angeles will be able to offer you advice and defend your legal rights. However, before they arrive at the police station, there are several things you need to remember.

Keep Calm

It’s all too easy to lose your cool, especially if you consider the charges to be unfounded. You shouldn’t let your emotions get the better of you, because this could result in additional charges being made. Don’t get physical with the police officers as they will most certainly retaliate and use physical force to subdue you.

The 5th Amendment states that you have the right to remain silent. Assert that right. Apart from providing basic personal details such are your name, age and identifying information, you do not have to say anything else. Ask for your attorney to be present before sharing any more details. Be certain you make this request in a respectful way.

Don’t Sign Anything

The right to remain silent also applies to anything you put in writing. Don’t sign anything until your lawyer says otherwise.

Request Bail

Do you want to wait in a jail cell while your case is being investigated and then tried? During your arraignment, you can ask the court to set bail. It is up to the judge to grant or deny it. If they set bail, you can pay it and go home. However, if the deny bail, there’s little you can do.

Don’t immediately reject a drug test if arrested for a DUI

Refusing a drug test can bring a whole world of trouble. In some states, for example New York, your license will be revoked for twelve months. You should know that it’s not a crime to have some evidence of drugs in your system. The crime occurs when your ability to drive safely is impaired because of those drugs.

For your own peace of mind and to protect yourself should you be arrested, it’s important you educate yourself about the law. Be sure to hire a lawyer who specializes in drug possession, and listen to their guidance. Know your legal rights and don’t be afraid to exercise them.

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What to Expect if You’re Arrested for Drug Possession

The red and blue lights flash before your eyes, and you hear three words that immediately make your heart feel as though it has just collapsed: “You’re under arrest.”

There’s nothing wrong with wanting to have a good time, but when drugs come into play, you’re playing with fire.

Should you get arrested on a drug possession charge, here’s a rundown of what you can expect and what you need to do.

Let’s get started.

Getting Arrested for Drug Possession

Possessing any quantity of illegal drugs, including ecstasy, LSD, methamphetamine, cocaine or heroin — and sometimes marijuana — is illegal in most U.S. states, counties, and cities.

Not only that but also it’s viewed as a federal crime.

Each jurisdiction has its own laws. However, depending on how much of a drug police found in your possession and how often you have been charged with drug possession, the situation could land you in prison for the rest of your life.

What Should You Do When You Are Arrested?

For starters, stay calm. There’s no need to panic just yet. After all, just because you are charged with drug possession doesn’t mean you are immediately guilty of this serious crime in Lady Justice’s eyes.

Of course, staying calm following a drug arrest can seem impossible. But reining in your emotions is paramount because an outburst from you may result in extra criminal charges, such as the obstruction of justice or resisting arrest. In addition, you could get hurt because police will have no problem using force to finally subdue you.

So, simply inhale and exhale, and allow the police to place their handcuffs on you. Then, be still as you take the ride to the police station.

Once you get to the station, you’ll get one phone call before being put in a jail cell. If you have a lawyer, make that telephone call count by contacting him or her. Otherwise, you can call a family member or friend, who can search for a lawyer for you.

Finally, to avoid having to remain in your jail cell during your entire case, request that the court set bail for you during your arraignment. At this type of court proceeding, you’ll hear all of the charges that have been filed against you, and you should also be prepared to enter a plea.

The judge can either deny you bail or grant you bail. If he or she denies you bail, there’s nothing you can do about that. Just stay in communication with your lawyer and follow his or her guidance.

What Should You Avoid Doing When You Are Arrested?

When you are first arrested, you may have to provide the police with identifying information, such as your name and age. Outside of that, it’s best that you keep your mouth sealed. After all, silence remains each arrested person’s inalienable right based on the U.S. Constitution’s Fifth Amendment.

What if police begin to ask you questions related to your case? Simply tell them that you choose not to speak until a lawyer is present with you. Just be sure to respond in a respectful and direct manner to avoid getting on your arresting officer’s bad side, which certainly won’t help your cause.

Your right to keep silent following your arrest doesn’t apply only to the words you speak, however. They also apply to the words you write.

For this reason, it’s paramount that you avoid signing any document that authorities put before you. In addition, avoid writing down anything that may harm your case.

Also, try to avoid weaseling out of your drug arrest — for example, by attempting to bribe the officer arresting you. It won’t work. Bragging about yourself or dropping names will prove futile, too, and may, in fact, only result in embarrassment for you.

Drug Classifications

Not all drug possessions are equivalent. The severity of your drug charge depends on the types of drugs you are accused of possessing.

For example, Schedule I drugs are those that are easy to abuse and that do not have medical uses. These drugs, which carry the greatest danger, include the likes of marijuana, LSD, GHB, and heroin.

Schedule II drugs, on the other hand, do possess some recognized medical uses. These drugs include prescription medicines such as oxycodone and morphine, opium, methamphetamine, and cocaine.

Schedule III drugs are less likely to be abused and have many medical applications. These types of drugs include Vicodin, ketamine, and anabolic steroids, for example.

Meanwhile, Schedule IV drugs are predominately prescription medicines that are not likely to be abused. Examples of these drugs are Ativan, Valium, Klonopin, and Xanax.

Finally, Schedule V drugs are medicines with a low possibility of being abused. They typically feature small quantities of codeine or other narcotics.

Felony vs. Misdemeanor

If you face a drug possession charge, your charge will be either a misdemeanor or a felony based on the amount and type of the drug involved, along with other factors.

These other factors, known as aggravated factors, include the following:

    • Possessing a drug in a minor’s presence

    • Possessing a drug near or in a facility used for drug treatment purposes

    • Possessing a drug at a housing unit, in a pool, at a park or in another type of public place

    • Possessing a drug near or on school grounds

  • Repeat offenses

If you possessed a Schedule I drug, you will most likely face a felony charge.

A felony charge might also be possible if you were found with a Schedule II drug, particularly if you had a large amount in your possession. This is because the government immediately assumes that you were planning to distribute or sell drugs if you had a large amount with you.

Even if you were honestly planning to use the drugs personally, not sell them, government officials may still try to push for you to be convicted of a felony. Why? Because in their eyes, you posed a grave danger to your community.

A felony drug conviction will get you a harsher punishment than a misdemeanor will, with your punishment potentially including years in jail, a hefty fine and probation.

Defenses Against a Charge of Possession

Fortunately, in certain circumstances, you may be able to defend yourself against a charge of possession effectively.

For instance, perhaps you can demonstrate that you did not know that drugs were near you when police found them and arrested you. Perhaps you were driving your friend’s vehicle and did not realize that he had hidden drugs in his glove compartment.

In addition, let’s say police searched your car or your body without cause. If this happened, then the drugs they found in your possession cannot be used as evidence in court, as authorities violated your constitutional rights. In this situation, the court will dismiss your case.

Another possible defense involves claiming that a police planted a drug on you while searching you. This, however, can be challenging to prove.

Also, note that drug possession falls under two categories: constructive possession and actual possession.

The former refers to situations where defendants were in control of certain drugs even though they did not have these drugs in their possession when they were arrested. The latter refers to situations where defendants actually had drugs on them when they were arrested — such as in their pockets or purses.

The government must prove that you fit either of these categories before you can face a drug possession conviction.

Your Rights Following a Drug Arrest

If authorities claim that you committed a drug crime, it is within your right to go to trial to aggressively fight your charge. Prosecutors at trial must prove your charges beyond a reasonable doubt. This is a high standard that exists with the goal of ensuring that if you are innocent of a drug crime, you don’t get punished for the crime.

However, let’s say that the weight of the evidence that prosecutors have appears to be heavy. In this case, it may be in your best interest to simply seek to plea bargain with the prosecution. This may lead to lighter charges and thus a more lenient sentence for you in the end.

Your attorney can assess your case and help you to determine the best course of action to take considering the unique circumstances surrounding your arrest. Attorney Daniel Stockmann of Nebraska says that for this reason, choosing the right attorney is critical. This attorney has constantly emphasized the importance of selecting both a knowledgeable and an experienced legal expert in cases involving drug crimes.

How We Can Help

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Get in touch with us to find out more about how to fight for your best interests if you face a drug possession charge or other legal problems in your state.

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