DRUG OFFENSES

Drug offenses range from Class C misdemeanors all the way up to First Degree Felonies.   The quantity of the drugs is a major factor in determining what level of offense the case will have.   Another factor is whether the accusation involves simple possession of drugs or an intent to distribute a controlled substance.

The outcome of a drug charge is typically determined by the legality of the search and seizure of the contraband.   These issues are constitutional in nature and involve a great body of caselaw interpreted by the courts.   Many issues of constitutional import can be involved in the simplest of searches.   This is particularly true in the case of searches of one’s own person, motor vehicle and habitation.  

Careful review of the facts and the police reports is necessary to determine if any constitutional or statutory defenses are available.   You should be careful to hire an attorney with sufficient experience and expertise in spotting and identifying these defenses for you.   Such knowledge can only come from many years of training and experience in the field of criminal law, as well as from continued study of the law.

Finally, drug offenses are replete with collateral consequences for your driver’s license.  Depending on your sentence and the type of offense charged, the state may suspend it.   Moreover, certain drug charges can lead to deportation or exclusion from the United States for individuals who are not citizens of the United States.   Please consult with a knowledgeable attorney to advise you of these consequences.