Possession of drugs, the illegal kind,
may either go down on the charge sheet as a misdemeanor or a felony. Obviously
a felony is a much more severe charge with severe consequences. So what exactly
are the factors that determine whether a drug
possession charge will be prosecuted as a felony or a misdemeanor?
Criminal defense lawyers tell us that
there are several factors which determine the severity of a drug possession
charge. Sometimes, irrespective of the amount of it being carried, possession
of a few specific drugs will result in a felony charge without fail.
These are of course drugs that are more
addictive and devastating to the individual and the society itself as a whole.
Another reason why a drug possession charge can be escalated to a felony
is if the possessor is in or around the proximity of a school.
Lastly, when it is determined that the
quantity of the drug or drugs in possession is larger than a certain amount
(this amount varies from drug to drug and from state to state) then the suspect
will be slapped with a felony (intent to sell) say criminal defense lawyers. Have
you seen the show Breaking Bad?
When you have bags of crystal meth in
plastic bags in your home, you are probably not going to consume all of that
yourself. And if you have a partner like Walter White who wants to sell, sell,
sell, then it is obvious you are in the illegal commercial drug business.
Though many people these types of drugs should be legalized so the big money
stops going to bad people. Other people believe that the biggest drug dealer is
Coors and Budweiser but that is another topic too.
http://criminal-defense.usattorneys.com/
- Walter White did not use this website when he needed a legal
representative since Jesse introduced him to Saul Goodman and this fascinating digital tool did not exist then. Why drive around if
you do not have to though? Some of the best legal professionals in the country are on
this site.
The charge for driving under the
influence of drugs will also depend on various factors.
However, the points mentioned here are
generalized for the country as a whole. The exact laws and regulations may vary
slightly depending on your state. If you need to know the laws in effect in
your particular state then we strongly urge you to reach out to a criminal
defense attorney licensed to practice in your state as he or she will be able
to educate and protect you against these charges by helping you build a strong,
strategic defense.
How
are drugs classified?
You may have heard terms such as a
schedule I drug and schedule II drug. These refer to a group of drugs
categorized by their impact in terms of addictiveness, destructiveness, and
other related factors. These schedules
were introduced by the Federal Controlled Substances Act and have since been
adopted by various state governments also.
There are five schedules, namely,
schedule I, schedule II, schedule III, schedule IV, and schedule V. Schedule I
contains drugs such as heroin and crystal meth which are highly addictive while
schedule V drugs are those that belong in the other end of the spectrum which
while still harmful are not considered as dangerous say criminal defense
lawyers.
Therefore the type or schedule that the
drug belongs to will determine if a felony will be filed or if a misdemeanor
charge will entail. In most states, possession of a schedule I narcotic will be
a felony crime.
What
to do if charged with drug possession?
Even a misdemeanor
drug possession charge can really impact a person’s life negatively.
Employers are without a doubt hesitant to hire someone that has such a
reputation. A felony on the other hand will come with consequences such as
prison time, hefty fines, mandatory drug rehabilitation, and probation.
Therefore, it is imperative that you hire a criminal defense lawyer and get
started working on a defense to beat your charges.
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