DRUG OFFENSES |
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Drug offenses range from Misdemeanors all the way up to non-reduceable 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. |
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Copyright 2009 Paul Neuharth, Jr., APC |