How to Find Information on the Prosecution Process for Drug Possession

Under federal law and the laws of most states, drug possession is the possession of certain controlled substances without a valid prescription or other applicable authorization. Even possession of tiny amounts of illegal drugs is prosecutable. Drug possession arrests are typically made during routine traffic stops and other minor contacts with the police and are usually not expected. Police find the drugs on a person or in a car or home during routine questioning and then an arrest is made. Any time a person is arrested for drug possession, he or she must go to court--making it very important to know the prosecution process for drug possession if you are caught with illegal substances.

Instructions

Difficulty: Moderate

Things You’ll Need:

• Computer with Internet access

Learn About the Prosecution Process for Drug Possession

1. Locate a legal aid center in your area through the Legal Services Corporation Web site (see Resources below). These centers are usually staffed by volunteer attorneys or other legal experts and are dedicated to providing free information to those charged with crimes.
2. Read the section of U.S. law that pertains to the penalty and prosecution for drug possession. The relevant information can be found in Title 21, Section 844. You can read the entire text of this law online (see Resources below).
3. Follow up your research by finding a criminal defense attorney with experience representing individuals accused of drug-related crimes. You can find a qualified attorney through the American Bar Association Web site (see Resources below).
4. Read Amendments 4 through 8 in the U.S. Constitution (see Resources below) for information on the rights guaranteed to anyone who is going through the prosecution process in the United States. For example, you have the right to a public trial.
5. Your prior history makes a difference. First-time drug offenders may receive prison sentences of no more than 1 year along with a fine. Repeat offenders, on the other hand, face longer prison terms and heftier fines. The amount of drugs a person is caught with will also influence the sentence he or she receives.

Tips & Warnings

• If you have been arrested for drug possession, you may have a problem with drug addiction that needs to be addressed. Drug addiction can have serious physical, mental and legal consequences. Get help in overcoming this addiction at Narcotics Anonymous (see Resources below).