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Being indicted for or arrested on a drug-related crime is a really serious issue. Therefore, you will need a skilled, well-experienced, trusted and highly-reliable criminal defense attorney on your side. At our law office, we have represented thousands of clients on all types of criminal drug indictments, including:
-Drug possession-Drug trafficking-Drug distribution-Drug manufacture-Possession with intent to distribute (PWID)
Been arrested for a drug crime, we can help you out
If you have been arrested on a drug offense, the after-effects can be too serious. An indictment for possessing half a joint can give rise to an automatic two-year suspension of your driver s license. At our law office, we will legally assist you with your defense.
Our criminal defense attorneys look into every detail of your case, as they have been doing since representing their first drug indictment many years ago. We challenge the circumstances of your detention. If you were pulled over in your car, did the law enforcement officer have grounds to make the stop? Was the search of your house, person, or vehicle legal? Did others have access to where drugs were found?
We also will challenge criminal indictments themselves. We thoroughly prepare for every single case and provide our clients with aggressive and skilled defenses on their behalf to make the prosecution meet its burden.
Before talking to the law enforcement officer, talk to a well-experienced, trusted and reliable drug crime defense attorney
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There are many strategies the government can make use to indict you for an offense. It is legal for the law enforcement officers to buy and sell illegal substances in what are called "buy busts" or "takedowns." Arresting law enforcement officers commonly lie to suspects as a strategy to get them to confess to a search. Do not talk to the authorities or consent to a search before discussing your situation or case with a well-experienced and trusted criminal defense attorney at our law firm.
Our legislature made our country the only one in which a drug crime could be proved with no a citizen ever learning that the illegal substance was an illegal drug. This change to the law has led to a federal finding our State drug laws unconstitutional. While this was good news, it is critical to note that courts were not bound by this decision, and most courts have strongly rejected the Federal court s reasoning. Regardless of everything, it may interest you to read how this situation unfolded. Unfortunately, Supreme Court has declared our drug law constitutional and has the final say on this issue.
Knowledge can come in many forms. Some law enforcement officers mistakenly believe that if an individual "knows" about the presence of an illegal substance, then this individual must also be guilty of criminal possession. That is not always true. You may know that an illegal substance is present, but if you do not have control of that drug--you cannot be found guilty of possessing it. In these instances, we are referring to drugs that are present with several individuals around.
As you can see, admitting to the law enforcement officers that you know drugs are present may put you under arrest, but the indictment should not stand. A recent example of a knowledge case—with no dominion or control--is the case of Tom Pierce. He drove his close friend around, and his friend had lots of illegal substances in his backpack. After a search of Pierce´s red souped-up four-wheel drive, Pierce admitted to the police officer several incriminating things: (1) he knew illegal substances were in his friend s backpack, (2) he was goading his friend into selling the illegal substances, and (3) his friend was going to share some drugs with Pierce after the sale. Is Pierce going to get a conviction? No. The appeals court overturned the indictment, acknowledging Pierce knowledge of the illegal substances, but noting the lack of evidence concerning "dominion and control".
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SENTENCING ISSUES ON DRUG CASES
Drug possession indictments are unique in that there are more sentencing choices for an individual indicted for drug possession than there are for other offenses. The reason for this is obvious--many citizens put under arrest for possession crimes are drug addicts. Unfortunately, the criminal court system treats everybody as "criminals", rather than treating the underlying drug addiction itself. But, there are some exceptions. One such exception is that the statute permits chronic drug users who score mandatory jail to get a non-prison sentence of drug offender probation instead of jail. And the beauty is, use of this statute does not require agreement from the prosecutor.
Contact a skilled, well-experienced and trusted drug crime defense attorney
If you have been arrested on any drug indictment, including drug possession, drug trafficking, or drug manufacture, please do not hesitate to contact our law office for a free initial consultation.