Convictions for drug offenses come with serious consequences and penalties. Both state and federal laws can apply to these cases. Getting in trouble for having even the smallest amount of a controlled substance in your possession can have long-term effects on your life.
In order to fully understand the potential penalties for drug offenses in Carrollton, it is wise to consult a legal professional who is knowledgeable about criminal law. Regardless of whether it is your first time dealing with a criminal offense or you have previous convictions on your record, you deserve to have a dedicated drug crime defense attorney on your side.
State laws regarding drug offenses involve many complicated factors. One factor is the Schedule of the substance the charges are based on. Controlled substances can be Schedule I through V. Typically, however, the weight of the illegal drugs is the most determinate of the sentence. Misdemeanors have lighter sentences than felonies, but consequences for any type of drug crime conviction can include imprisonment, monetary fines, and having to forfeit property obtained through a drug-related crime.
Another factor that affects potential penalties for drug crime convictions is the specific nature of the charge. People may be charged with possession of drugs when they physically have the drugs with them or if the drugs are in their vehicle or home. While possession of less than an ounce of marijuana is a misdemeanor, possession of most other Scheduled substances is a felony.
If the defendant is charged and convicted of having an intent to distribute a controlled substance, the consequences are heavier. Even if there was no intent to distribute, a defendant can still be found guilty of the more serious offense of trafficking drugs if they possess more than a certain amount of the controlled substance. This particular weight can vary from substance to substance.
Trafficking is the most severely punished drug charge, but penalties can vary based upon the amount and type of drug involved, as well as whether the criminal activity crossed state borders. These charges can carry up to a 30-year prison term upon conviction. A Carrollton attorney can assess the type of drug offense someone is being charged with and explain the specific penalties that may come with a conviction.
An experienced Carrollton lawyer understands the various defenses available to someone facing potential penalties for drug offenses. Constitutional rights can come into play. The Fourth Amendment protects people from unreasonable searches and seizures. Many drug charges result from police searches, and if that search was without a warrant or probable cause, it was a violation of the defendant’s constitutional rights. As such, an attorney can have the evidence from an unconstitutional investigation excluded from trial.
Lack of evidence is another possible defense against drug charges. The burden of proof is on the state to show the defendant is guilty beyond a reasonable doubt. To this end, a trained lawyer can argue the defendant may have been present at the scene of a crime but did not participate in illegal activity. There are also a litany of other defenses present and the, of course, the lawyer is going to review to make sure that law enforcement complied with someone’s rights. Our attorneys can review the details of an arrest and the prosecution’s evidence to determine the best defense strategy in a specific case.
An experienced lawyer who knows the ins and outs of the local court system can make all the difference in the outcome of your case. It is essential to have a dedicated attorney who is prepared to explore all avenues to help you achieve the best possible outcome.
Potential penalties for drug offenses in Carrollton can affect the rest of your life. Contact an attorney as soon as possible to start building your defense.
J. Ryan Brown Law, LLC
J. Ryan Brown Law, LLC
