If you are facing drug possession charges, you need the help of a criminal defense attorney. These lawyers will discuss your case and the best approach to take. They will also explain what costs and fees are involved. Some law offices even offer payment plans to help you afford the fees. A drug possession solicitor in Melbourne can also negotiate with the district attorney to get the charges dismissed or the punishment reduced. This can save you from prison time and community service. Searching for the best criminal lawyers in Melbourne?
Defenses to drug possession charges
Defenses for drug possession charges can be based on a variety of circumstances. The officer may have erroneously determined that you had drugs in your possession or a third party may have planted the drugs. The officer may not have used the proper procedures to obtain evidence of drug possession. An attorney can also challenge the validity of the evidence obtained during a search or unlawful stop. In some cases, a defense can even be used to dismiss the charges altogether. To learn more about the defenses to drug possession charges, consult with an attorney who has experience in these cases.
Drug possession charges are very serious. Many are felonies, which can result in significant jail time and a criminal record. Even misdemeanor charges, such as possessing drug paraphernalia, can lead to jail time. One of the most common defenses to drug possession charges involves an illegal search by police. To search you, the police must have a good reason to stop you and probable cause to search you.
There are also other possible defenses to drug possession charges. These include violations of your right to counsel, unlawful police activity, and lack of knowledge of the drug’s nature. You should consult with a criminal defense attorney to determine whether you have a viable case. You may be able to avoid jail time and fines if you understand the law and can present a strong case.
The Fourth Amendment guarantees your right to due process of law
Moreover, you have the right to be free from unreasonable searches and seizures. If the police did not have a warrant to stop you, the evidence they seized is not admissible at trial. This will reduce the prosecutor’s arguments and even lead to the dismissal of your charges.
Another common defense to drug possession charges is that you didn’t do it. A good defense attorney will argue that you did not possess the drugs and that they do not belong to you.
Penalties for drug possession convictions
Penalties for drug possession convictions vary depending on the state and the type of drug. Some states have mandatory minimum sentences that vary from one to 10 years in prison. Others have reduced sentences for a variety of reasons, including substantial assistance and first-time offender status. In California, for example, drug possession is punishable with $30 to $500 in fines or 15 to 180 days in jail.
Penalties for drug possession convictions are very different depending on the type of drug and the quantity. In Washington, possession of heroin carries a maximum five-year prison sentence and a fine of $10,000. In Texas, cocaine possession is considered a state jail felony, and the punishment ranges from six months to two years in prison. In New York, a drug possession conviction can lead to eight to twenty years in prison.
While the punishment for simple possession is relatively light, a conviction for manufacturing or cultivation of illegal drugs can result in longer prison terms. Even a minor possession conviction can limit your educational, employment, or political opportunities. If you’re arrested for drug possession, you may lose your right to vote in the next election or apply for federal benefits.
Drug possession convictions can result in fines, jail time, and revocation of your driver’s license
If you’re arrested for possession of drugs, contact an experienced attorney immediately. The Law Offices of Stephen Bilkis & Associates can help you fight the charges against you. Our attorneys have decades of experience defending individuals in New York criminal courts.
The penalties for drug possession convictions increase exponentially the more drug-related convictions you have. The first offense is a misdemeanor, and you can receive up to a year of jail time and $5,000 in fines, but a repeat offense can cost you years of jail time.
Penalties for drug possession convictions vary depending on the type and quantity of drugs in your possession. Some drugs, like prescription medications, are only legal if you have a valid prescription, but possession of even small amounts of these drugs can have serious consequences. For example, possession of large amounts of Xanax can land you in prison.
The legal presumption in drug possession cases
A legal presumption in drug possession cases is a legal principle that a defendant is presumed to have knowledge of the drug he is in possession of. This presumption is based on the fact that a defendant possesses the drug despite its illegal nature. This presumption is not absolute, however, and a defendant may contest it as a disputed fact.
The prosecution must prove that the defendant possessed the drugs. This is not always easy to establish, as often the alleged offender knows his or her own intentions. Instead, the prosecutor may have to rely on circumstantial evidence to establish intent. In the Branch v. State case, the Texas Court of Criminal Appeals determined that the defendant was actively engaged in the sale of heroin. It also noted that Branch possessed enough heroin to produce 2,864 “hits,” and that he had almost eight thousand dollars in small bills.
Despite this legal presumption, the trial court rejected the defendant’s motion to suppress the charges. The defendant argued that the State failed to show that she had intended to bring the substance, but that she did not need to do so. The evidence proved that the defendant had nonexclusive control of the property.
Getting approved for drug treatment
Getting approved for drug treatment is an important step in the process of reducing the chance of re-offending. While it may seem like an easy process, it involves a lot of work on the part of the defense attorney. It requires convincing the court that their client is eligible for drug treatment and that the program will benefit them in the long run. Typically, the drug court will require evaluations by health professionals before the judge will approve a drug treatment program.