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Drug Charges 101: A Guide To Criminal Drug Charges

Drug Charges 101: A Guide To Criminal Drug Charges

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If you are accused or may be facing on criminal drug charges, your defense should begin immediately. Before you can even find a lawyer, you can help your legal case so that the situation doesn’t get worse. You must only speak to an attorney about any aspect of you alleged drug possession or sale. Above all, know your rights.

The Law

Drug possession and earnings from selling controlled substances are crimes under the United States Comprehensive Drug Abuse Prevention and Control Act of 1970. This federal law classified some drugs as dangerous, leaving it up to the states to prosecute and sentence offenders in most cases.

If drug activity involves interstate or foreign-national trafficking, however, federal criminal drug charges apply as well. Schedule I and II drugs include heroin, LSD, marijuana, methamphetamine and forms of cocaine.

Rights

You must know that you have constitutional rights when searched, arrested and tried for drug possession. The fourth amendment protects you from unreasonable search and seizure.  The warrant being served gives the police the authority to search your person and possessions; without it, you may refuse the search.

If you are arrested and charged, the Fifth Amendment lets you to remain silent pending the guidance of your lawyer. Police are required to read you a Miranda statement to inform you about the case.

Sentencing

Depending on how heavy your drug crime is, you may be allowed to bail out until your court date. During this time, your lawyer will be building your case and looking for ways to avoid or impact prison sentencing.

The controlled substances schedule and federal and state sentencing guidelines will figure out what penalty the prosecuting attorney will seek. The court may demand a fine, prison term and/or community service as reparation for your legal offense.

Special Circumstances

See Also

Your recommended sentence for the drug possession or sale will depend on your criminal history and mitigated other factors.

Some state laws increase penalties for drug crimes committed near schools, with the use of firearms or involving minors under age 21.

Defense

You have to keep mum about your criminal case, only talk to your lawyer in a private conversation. Never confide to the police about your guilt of drug crimes during a search or arrest.

Always be cautious of what police officers will do.  Remember that if they search your homes without a warrant or fail to read your Miranda rights, it is illegal and your criminal drug charges may be dropped.

If you’ve been charged with a crime, whether a felony, misdemeanor, DUI, or traffic offense, you want the best criminal lawyer drug possession attorney you can find. You want an attorney with the experience, determination and knowledge needed to protect your rights and obtain the best possible result in your criminal case.

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