how to select attorney drug possession charge

by Ms. Maye McCullough DDS 6 min read

One factor you need to incorporate in finding the right drug possession attorney is referrals. You may have several people that are close to you that may have been arrested for the possession of drugs. Experiences from other clients will help you hire the right drug possession lawyer.

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How to beat a felony drug charge?

Dec 17, 2021 · Drug Possession: How a Lawyer Can Help. So you want to know more about drug possession – how a lawyer can help. This post should clear up any questions you may have about the severity of drug possession charges and why it pays to seek out the help of a skilled criminal defense attorney near you.. drug possession how a lawyer can help

What is a drug possession defense?

Nov 11, 2021 · With the help of a drug defense attorney, drug possession charges can in fact be dropped. However, it isn’t always easy or likely for charges to be completely dropped or dismissed. Although having charges dropped is a difficult process, it is possible if you have the right attorney by your side. At the very least, your attorney will work the ...

How do you get out of a drug charge?

Feb 06, 2021 · A good attorney will be familiar with the drug charges process and know how to best defend you in court. The Drug Abuse Defense Attorneys Association (DAAA) offers a wide range of drug crime defense attorneys who specialize in …

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How do you get a possession charge dropped?

If you can prove that there is no probable cause for an arrest, you can move on home free and get your possession charges dropped. This involves a lot of research and the representation of a criminal defense attorney. However it is something that is very possible to do with the help of a good lawyer.Nov 10, 2021

How do you defend a drug possession?

There are numerous defenses that can be used against drug possession charge, including:Claiming the drugs belong to someone else.Asserting that the drugs were searched for illegally.Showing that the accused is the victim of entrapment.Forcing the prosecution to prove the alleged illicit substance is actually a drug.

How do you get a possession charge dismissed in Texas?

If the prosecutor cannot prove the defendant knowingly and intentionally possessed the drugs through the use of witness statements, audio/video recordings, physical evidence, and crime lab analysis, then the drug possession charge should get dismissed or the defendant found not guilty at trial.Nov 16, 2021

What is the jail time for drug possession?

The maximum sentences for possession of each class of drug are: up to seven years in prison or an unlimited fine (or both) for a Class A drug. up to five years in prison or an unlimited fine (or both) for a Class B drug. up to two years in prison or an unlimited fine (or both) for a Class C drug.

What is drug Defence?

Criminal Law | Drug Defence Possession of illicit drugs is a criminal offence that is punishable by the law. Being proven guilty of owning prohibited drugs can put the accused in prison for 2 years on top of a fine.

What are the provisions of RA 9165?

– It is the policy of the State to safeguard the integrity of its territory and the well-being of its citizenry particularly the youth, from the harmful effects of dangerous drugs on their physical and mental well-being, and to defend the same against acts or omissions detrimental to their development and preservation.

Can drug charges be dropped in Texas?

Can a Possession of a Controlled Substance Charge Be Dropped? In some instances, drug possession charges may be dropped and there will be no conviction recorded against your record.Dec 14, 2020

How do I get a drug paraphernalia charge dropped in Texas?

One of the most common ways to dismiss drug paraphernalia charges from a record is to prove that probable cause didn't exist. If a police officer pulled you over without stop or seizure of your person. The drug charge, in all probability, will be dismissed.

How do you beat a felony drug charge in Texas?

Check out these four common ways to beat a felony drug charge in Texas:Don't Say a Word. No, really—we mean it. ... Be Polite. We don't want you chatting with police without a lawyer present. ... Think Hard About Any Plea Agreements You're Handed. Prosecutors are busy little bees. ... Call a Lawyer. Just do it.

What are the two types of possession?

There are two different types of drug possession: actual possession and constructive possession. Actual possession means having the substance in their physical possession or control. An example of actual drug possession would be having the substance in one's pocket or directly in hand.

What are the 6 classification of drugs?

The 6 Classifications of Drugs. When considering only their chemical makeup, there are six main classifications of drugs: alcohol, opioids, benzodiazepines, cannabinoids, barbiturates, and hallucinogens.

What are examples of drug Offences?

For illegal drugs, common offences include:possession (this can include equipment for growing, making or using drugs)use.making (this includes growing)importing.selling or supplying (known as trafficking).Oct 29, 2019

Can a drug possession lawyer be entrapped?

Entrapment can be tricky to do well, but an experienced drug possession lawyer may be able to show this. To succeed, they will have to demonstrate that, under normal circumstances without intrusion and undue influence from police, you would not have been in the circumstance in which you were arrested.

Can a drug possession defense be successful?

A drug possession defense can also be successful if the drugs are found in the presence of you and others. You might be able to succeed by arguing that the drugs are, in fact, not yours. In this case, the burden of proof is on law enforcement to show that the evidence belongs to you and not one of the other parties.

How to contact a drug lawyer?

Simply dial 1-877-913-7222 or complete the short form on this website. After answering a few questions, well send the name and contact information for at least one criminal drugs lawyer near you. You may contact the attorney directly, or he or she will call you within two business days.

What happens if you can't afford a lawyer?

If you cannot afford a lawyer, the court will appoint a public defender to represent you. However, each state-and sometimes each judge-defines affordability differently. If you dont qualify, you need to find a drug crimes lawyer. You dont want to face the criminal justice system without one.

State and Federal Drug Possession Laws

Substances made illegal under both state and federal law are defined within separate categories referred to as Schedule 1, Schedule II, Schedule III, and Schedule IV drugs.

Drug Possession Charges and Florida Law

Drug possession charges in the state of Florida range from minor misdemeanor charges to felony charges. These charges may include:

Know Your Rights: Possible Defenses to Drug Possession Crimes

If you’ve been charged with drug possession, there is a good chance that you could face jail time. An experienced criminal defense attorney will know the best defense for the charges that have been filed against you.

Free Case Review for Drug Possession Charges

Whether you’ve been charged with a misdemeanor or felony drug possession, the consequences can be severe. The Tampa criminal defense lawyer at Stechschulte Nell law firm have the experience necessary to provide the best defense for the charges filed against you.

Juvenile Drug Possession and Potential Penalties

In Florida, the drug possession charges a juvenile might face will depend on the type of drug that they were found in possession of, as well as the amounts. There is no difference in drug possession charges for juveniles or adults, however, they may face different penalties.

What Can You Do to Protect Your Child?

Minors cannot hire lawyers, so a parent or guardian will have to hire a lawyer to represent the juvenile for their legal defense.

Get Help from a Board-Certified Attorney

If you have been charged with drug possession as a juvenile, or your child is facing juvenile drug possession charges, Stechschulte Nell can help. Attorney Ben Stechschulte is a Florida board-certified trial lawyer and is ready to defend your unique case.

What is the penalty for possession of a controlled substance?

Possession of any controlled substance not mentioned here, whether actual or constructive, is a felony of the third degree which is punishable by a fine of up to $5,000, a period of incarceration not to exceed five (5) years, or both. Substances obtained by valid prescription are excluded.

What is actual possession?

Actual possession of a controlled substance is the result of the substance being in the physical custody of a defendant. Actual possession occurs when there is a controlled substance in the pocket of a jacket, or tucked into a shoe or sock.

What is the definition of constructive possession?

Constructive possession of a controlled substance occurs when a defendant has knowledge of the whereabouts of the substance, as well as the ability to access and control the substance . Constructive possession occurs in a vehicle if the substance is in a glove box, or if at a home, when the substance is in a room or location within the house.

Is crack cocaine a controlled substance in Florida?

Here, well known drugs including heroin, methamphetamine, ecstasy or MDMA, cocaine and/or crack-cocaine are classified as controlled substances, along with marijuana. Also included in this classification are not just those substances, but any compounds used to manufacture them as well.

What is a first degree felony?

First degree felony possession occurs if a defendant is in possession of 10 grams or more of any Schedule I drug excluding Hallucinogens, 1,4-Butanediol, gamma-butyrolactone (GBL), gamma-hydroxybutyric acid (GHB), methaqualone and mecloqualone.

Is possession of a controlled substance a crime in Florida?

Although not as severe as the sale of controlled substances, possession of a controlled substance of any kind in Florida is a serious offense.It could involve the loss of your license, the loss of your property, the loss of your freedom. And in Florida, possession crimes do not take ownership into consideration, meaning you are still be criminally liable if it isn’t yours.

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State and Federal Drug Possession Laws

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Substances made illegal under both state and federal law are defined within separate categories referred to as Schedule 1, Schedule II, Schedule III, and Schedule IV drugs. The consequences of conviction will depend on the schedule of drugs as well as how much of the drug was in your possession. Any drug convicti
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Drug Possession Charges and Florida Law

  • Drug possession charges in the state of Florida range from minor misdemeanor charges to felony charges. These charges may include: Possession of Drug Paraphernalia– When you have items associated with the use of illegal drugs in your possession, typically a misdemeanor charge. Possession of Drugs– Penalties depend on what schedule the drug is and how much of the drug…
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Know Your Rights: Possible Defenses to Drug Possession Crimes

  • If you’ve been charged with drug possession, there is a good chance that you could face jail time. An experienced criminal defense attorney will know the best defense for the charges that have been filed against you. Defense strategies our former Prosecutormay use include: Illegal Traffic Stops– To pull over a car, Florida law enforcement must have “just cause” or reason to suspect t…
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Free Case Review For Drug Possession Charges

  • Whether you’ve been charged with a misdemeanor or felony drug possession, the consequences can be severe. The Tampa criminal defense lawyer at Stechschulte Nell law firm have the experience necessary to provide the best defense for the charges filed against you. Contact us immediately for a free case review or call 813-280-1244– 24/7 to reach a top-rated lawyer.
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