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Our drug possession attorneys understand that handling drug possession indictments are an emotional process. They also know that individuals are unfairly and wrongfully indicted by the police. As prosecutor and defender, our attorneys understand the inner-workings of the court system. They can use their experience to select the right drug defense your case requires to achieve the best possible result for any drug possession indictment. Call them now to see how they can help you out.
If you have been indicted for drug possession, you may be concerned of the criminal and side after-effects of a sentence. Punishments can include fines and prison time, and you may be ineligible for some job openings with a drug possession sentencing on your record. Maybe you were wrongly indicted, or perhaps your rights were violated at the time of your detention. Whatever the case, you deserve to have your rights and your freedom well-protected.
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What is Drug Possession?
According to Health and Safety Code, drug possession is possessing a usable amount of a controlled substance with no medical prescription. A substance is considered in your possession when it is either on your person or in your constructive possession. Constructive possession means having access to—or control over—a substance. It also entails that you have previous knowledge of its presence. Controlled substances include any drug regulated by the government according to the Controlled Substances Act. The list of controlled substances includes:
-Cocaine-Heroin-LSD (Lysergic acid diethylamide)-Prscription drugs (Vicodin, Oxycontin)-Codeine-Methamphetamine (Meth)
Punishment for Drug Possession
Drug possession or simple drug possession, is generally a misdemeanor. Even though misdemeanor drug possession may not have the same life-shattering sentences as a felony or major offense, it still carries outcomes that should be avoided at all costs. The typical punishment for a drug possession indictment includes up to one (1) year in county prison and a fine of up to $1,000. Note: Drug treatment programs may also be required.
For the most part, it is possible to back away from spending time in custody at the outset. A highly-reliable, well-experienced and skilled drug criminal defense attorney can make a case for drug diversion, a treatment program that is an alternative to imprisonment. If you have been indicted for a major offense in the past, drug possession may be charged as a felony. This offense carries a punishment of sixteen (16) months, two (2) years, or three (3) years in county prison.
Being defended by a knowledgeable and well-experienced criminal defense attorney, a great dela of strategies may be available to prove your innocence and defend your freedom.
If you have been wrongfully charged with drug possession for sale, you may be concerned about the aftermaths. Most drug indictments come with imprisonment term, and the effects on your life can be grievous. So, get in touch with our drug sales defense attorneys for a free consultation. With vast experience as former criminal prosecuting attorneys and defenders, they do understand the ins and outs of the court system. They will fight for your rights and do whatever it takes to help you keep your record clean.
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When illegal substances are deeply involved in an offense, law enforcement officers often intend to indict the most serious offenses, like possession for sale. This is frequently the case when an individual is busted with illegal substances on his/her person or in his/her house. Rather than book an individual for the indictment that is warranted, like simple drug possession, police officers may refer someone for prosecution for possession of drugs for sale based on minimal evidence. In these cases, the law enforcement tends to see what they want to see. Innocent items such as empty Ziploc bags or a kitchen scale may be enough to indict you for possession for sale.
Drug Possession for Sale
The Health and Safety Code makes it illegal to possess illegal substances or other controlled substances for the purpose of selling them. The distinction ultimately between simple drug possession and drug possession for sale is based on whether or not a government can prove beyond a reasonable doubt that you intended to sell the illegal substances. Police focuses on items that they strongly believe may be closely related to drug sales, including:
-Scales-Larger than personal use amounts of the drug-Unusually large amounts of cash-Individually packaged bundles of drugs-Empty drug bags-“Pay/owe sheets”
Finding any these items, referred to as indicia, helps with probable cause to put anyone under arrest for possession of drugs for sale. There are no specific rules in place to determine which offense a person should be indicted for. It is up to the discretion of the police officer in the first instance, and then the District Attorney. Also, unless the defendant has a well-experienced and highly-reliable criminal defense attorney, there may be no further investigation to determine if the indictee is guilty.
Possession for Sale Consequences
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Drug possession for sale is a felony crime. While a sentence for most serious crimes would lead to land anyone in jail, possession for sale is usually sentenced by time spent in prison and on probation. This is because possession for sale is a low-level, non-violent serious crime and therefore falls under the Assembly Bill (AB), meaning a prosecutor can impose a split sentence with time spent in jail and on probation. Penalties for these indictments include:
-If Sentenced Under AB (Split Sentencing) – 1, 2, 3, 4, or 5 years in prison with time spent on probation and/or up to $20,000 in fines-If Sentenced as a Normal Felony – 2 to 5 years in jail
Fighting Drug Possession for Sale Indictments
As for the Health and Safety Code sections the following must be proven beyond a reasonable doubt by the prosecution to indict a person for possession of drugs for sale:
-The indictee had a controlled substance and was aware of its presence-The indictee knew the substance was illegal-The substance was a usable amount-The indictee intended to sell the substance
Contact a Drug Sales Attorney Today
With the assistance of a reliable and well-experienced criminal defense attorney, many strategies may be available to prove your innocence and fight your freedom.