Criminal Drug Charges Information
If you believe you may be facing arrest on criminal drug charges, your defense should begin immediately. Before you even find a lawyer, you can help your legal case so that the situation doesn't get worse. Cease illegal activity and association with others accused of drug crimes. In the event of a search, note how police conduct the matter. Speak only to an attorney about any aspect of your alleged drug possession or sale. And, above all, know your rights.
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The Law
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Drug possession and profit from selling controlled substances are crimes under the United States Comprehensive Drug Abuse Prevention and Control Act of 1970. This federal law classified some drugs as dangerous, leaving it up to the states to prosecute and sentence offenders in most cases.
If drug activity involves interstate or foreign-national trafficking, however, federal criminal drug charges apply as well. Schedule I and II drugs include heroin, LSD, marijuana, methamphetamine and forms of cocaine.
Your Rights
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You have Constitutional rights when searched, arrested and tried for drug possession or sale. The Fourth Amendment protects you from unreasonable search and seizure. A warrant gives police the authority to search your person and possessions; without it, you may refuse the search.
If arrested and charged, the Fifth Amendment allows you to remain silent pending the guidance of a trial attorney. Police are required to read you a Miranda statement informing you of this.
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Sentencing
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Depending on the nature of your drug crimes, you may be allowed freedom on bail until your court date. During this time, your lawyer will be building your case and looking for ways to avoid or impact prison sentencing.
The controlled substances schedule and federal and state sentencing guidelines will determine what penalty the prosecuting attorney will seek. The court may demand a fine, prison term and/or community service as reparation for your legal offense.
Special Circumstances
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Your recommended sentence for drug possession or sale may be influenced by your criminal history and mitigated other factors. Some state laws increase penalties for drug crimes committed near schools, with the use of firearms or involving minors under age 21.
Prior convictions can tip the scales toward longer sentences. A previously clean record, however, may serve to reduce your fine or time served. A sentence that causes undue hardship to your family may also be reduced.
Defense
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Help yourself by not talking about your criminal drug charges with anyone but your lawyer, even in a casual personal conversation. Don't talk to police about your guilt or innocence of drug crimes during a search or arrest.
Stay alert to what officers do. If they search you or your home without a warrant or fail to read your Miranda rights, the process may be illegal and your criminal drug charges may be dropped.
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