NEPA Drug Possession Attorney
Currently, in the United States, drug offenses are why 44.4% of people in prison have been incarcerated. Among the different types of drug charges, drug possession is the most common. To be guilty of drug possession, all an individual must do is have an illegal drug, or legal drugs in illegal amounts, in their possession. You don’t have to be using or selling drugs to be charged. You just have to have it on your property, whether that be yourself, your vehicle, or your home. When it’s that easy and simple to be charged, people need help.
With more and more drug crimes surfacing in our area, criminal defense attorney John B. Pike has the experience needed to defend against these charges. If you or someone you know is facing drug possession charges, it’s crucial to seek legal representation from a skilled drug possession attorney like John B. Pike.
Types of Drug Possession
There are different types of drug possession charges, and the specific charge you may face depends on various factors. These factors include the type of drug, the amount of drugs in your possession, and your criminal history. These types of drug possession charges include:
- Simple Possession: This is the most basic form of drug possession. It involves having a small amount of drugs for personal use on your person.
- Possession with Intent to Distribute: This charge is more severe. It is applied when the person is found in possession of a large quantity of drugs with the intent to sell or distribute them.
- Constructive Possession: This type of charge applies when drugs are found in an area that you have control over, such as your car or house, even if the drugs do not belong to you. Even if you can prove that someone else placed the drugs in or on your property, it was your responsibility to find and report it.
Degrees of Drug Possession Charges
In addition to the different types of drug possession charges, there are also various degrees of severity for each of the types. The degree of your charge will depend on factors such as the type and amount of drugs involved, as well as any aggravating circumstances such as resisting arrest or endangering children. The higher the degree, the more severe the penalties you may face. Some common degrees of drug possession charges include:
- First-Degree Possession: This charge is the most severe and can result in lengthy prison sentences and high fines. You receive a first-degree possession charge when you are accused of possessing with intent to distribute.
- Second-Degree Possession: This charge is slightly less severe than first-degree possession and carries lesser penalties, but is still when you are accused of possessing with intent to distribute.
- Third-Degree Possession: This type of charge typically applies to simple possession cases and may carry less severe consequences compared to first or second-degree.
It’s essential to note that drug possession charges can also vary between state and federal law, so it’s crucial to consult with an experienced drug possession attorney who is familiar with the laws in your jurisdiction.
Potential Punishments for Drug Possession Charges
The potential punishments for drug possession charges vary depending on the type and degree of charge, as well as any aggravating factors. Some common consequences of drug possession charges include:
- Imprisonment: Depending on the severity of the charge, you may face a prison sentence ranging from a few months to several years.
- Fines: In addition to imprisonment, you may also be required to pay fines that can range from hundreds to thousands of dollars.
- Probation and Community Service: In some cases, you can be forced to enter probation or complete community service in place of imprisonment. This is common for first-time offenders of the third-degree.
Potential Defenses for Drug Possession Charges
Being charged with drug possession does not necessarily mean you will be convicted. There are various defenses that a skilled drug possession attorney like John B. Pike can use to challenge the charges against you. Some potential defenses include:
- Illegal Search and Seizure: If the police obtained evidence against you through an illegal search and seizure, it may be possible to have the evidence suppressed.
- Lack of Knowledge: In some cases, you may not have been aware that the drugs were in your possession, especially if they were planted or belonged to someone else. This can lessen the charges immediately as constructive possession is a lesser charge than simple possession or intent to distribute. From there, we can argue how unlikely it is that you could have stopped them from being planted on your property.
- Entrapment: If law enforcement induced you into committing a crime that you would not have done otherwise, it may be considered entrapment and can be used as a defense.