A person exercised dominance and control over a controlled substance, the person knew of its presence, and the person knew of its nature as a controlled substance; and the substance was in an amount sufficient to be used as a controlled substance.

Types of Drug Offenses: Cultivation, Distribution, Importation, Manufacturing, Paraphernalia, Possession, Possession for Sales, Prescription Fraud, Trafficking, Transportation.

Consequences for the conviction of Drug Offenses may potentially include:

  • Imprisonment
  • Probation or parole
  • Registration as a narcotics offender
  • Drug testing
  • Court ordered counseling or rehabilitation
  • Loss of driver's license
  • Seizure of motor vehicle
  • Search and seizure conditions
  • Significant fines
  • Other

Likelihood of any of the above consequences depends upon the following factors:

  • Prior similar convictions
  • Any other prior convictions
  • Currently on probation or parole
  • Attitude of community and court toward this type of crime
  • Degree of media attention on case
  • Mitigating/aggravating circumstances
  • Other

Defenses of Drug Offenses may potentially include:

  • Insufficient evidence
  • Factual innocence
  • Valid prescription
  • Illegal search and seizure
  • Other

What can you do to improve the outcome of your case?

  • Gather documentation of your good character (reference letters, employment history, community service, etc.)
  • Exercise your right to remain silent
  • Retain qualified counsel as soon as possible
  • Keep a diary of all significant events and potential witnesses (this information will help your attorney prepare the best possible defense)
  • DO NOT investigate your own case

What can we do to help?

  • Early preparation, including legal research and defense identification
  • Early investigation and identification of all facts helpful to your defense
  • Interview police to minimize or eliminate the case
  • Interview the prosecutor to minimize or eliminate the case
  • Interview all witnesses
  • Reduce or eliminate bail requirements
  • Provide emotional support to loved ones and ensure that they are continually updated as to the state of your case
  • In appropriate cases, negotiate jail alternatives
  • Obtain an evaluation report from a court approved psychologist (to show counseling may be a better alternative to jail)
  • Coordinate a private lie detector test
  • Develop appropriate motions to dismiss the case
  • Develop appropriate motions to suppress evidence

DISCLAIMER
The statement above is not legal advice! This statement is not intended to be a correct statement of law in your jurisdiction. This statement is intended to give you a very general understanding of what is involved in this type of crime. Please consult an attorney to find out what law applies in your jurisdiction.