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Felony Drug Possession Charge

Understanding Possession Charges. If the deal is adequate, it could even be the equivalent of having the charges dropped. Your defense lawyer can work with the prosecution to get you a plea bargain for felony drug charges. Numerous studies have come out over the last several decades to show that somebody who has been convicted of a felony will face a far more difficult time getting a job, may make a lot less money than their non-felon counterpart, will earn far less money throughout the course of their career, and suffer from numerous other social and career penalties.

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If the police fail to read you your rights, this fits under Miranda rights violations, and anything you say could be thrown out. Any one of these charges can lead to jail time, probation, the loss of a job, the loss of housing, and the loss of valuable constitutional rights. Our criminal defense team will examine your case and the evidence against you to determine which defense approaches have the best possible outcome in your situation. While Arizona made marijuana legal in 2020, several restrictions still make possession illegal, resulting in felony drug charges. Put simply, sometimes people are dealing with a substance abuse problem. It's important to work closely with a skilled attorney who is familiar with drug laws. Most of the time, the prosecution is only willing to dismiss a possession case if they recognize the evidence for conviction is weak. What are Aggravating Factors? Drug Trafficking, Sales, and Distribution. Entrapment happens when a law enforcement agent has you commit a crime you wouldn't normally do. Build a Bulletproof Defense.

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If you want the chance to beat your drug charge and avoid these consequences, you need excellent representation on your side. Many drug possession charges can be felonies. Usually a skilled defense attorney can achieve something other than a maximum sentence outcome. The quantity must be sufficient to cause a narcotic effect but not so much that it might indicate a desire to sell the drug or a pattern of habitual use. Erika has helped countless clients over the years who are in situations like yours. The results of a crime lab may be the salvation you need to prove your innocence. You will likely need proof of your own to beat your charge. The prosecution must prove four facts to prove that you are guilty of drug possession.

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There are two basic types of simple possession charges: Actual Possession and Constructive Possession. The next step is an arraignment hearing. If the evidence cannot be suppressed or if the drug possession charges cannot be dismissed, there are still several options for a reduction of sentencing. This depends on whether you can prove that you were in active or constructive possession of the items. Is considered "Actual". When an officer charges you with drug possession, there are a few things you can expect. Due to the high volume of arrests in the country, evidence rooms and labs can become extremely busy. Repeated violations of the program can lead to the individual being unsuccessfully discharged and sentenced for the crime. Don't go to jail because of someone else's drugs.

What happens if the substances they take come back positive for an illegal drug? While case-specific, this process typically has several requirements, including the following: - You either plead guilty or are found guilty of the misdemeanor drug possession offense. It is not your attorney's job to establish your innocence, it is the state's duty to prove your guilt. Any of these informants can give the police the ammunition they need to pursue a search warrant, and any one of them can provide testimony in a legal proceeding. Deferred entry of judgment is a program wherein a person pleads guilty to an offense. If you are facing drug possession charges in Wisconsin, don't do it alone.

Each case is unique, and the type of deal you are offered depends on what drugs you had, the amount, whether you were part of a violent crime, and other factors. Ideally, you can face drug paraphernalia charges if you are found in possession of typical drug materials such as syringes, pipes, plastic bags, mirrors, scales, and tinfoil. This holds true for any offense. I added that these searches include a stop-and-search in the street and traffic stops. Successfully attacking the reliability of police informants. If you are in the custody of law enforcement, you have certain rights under the law. Some common defense strategies include: Illegal Searches or Seizures. Any evidence that is collected must be directly tied to all convictions. Another example might be that you picked up a prescription for a family member or friend and were arrested when transporting it to them. What is active possession?

Often after a having their conviction withheld, the defendant is placed on probation. This is something that will be done before your case goes to trial and could result in a suppression hearing. Proof of Substance/Lab Tests of the Alleged Drug. Possession for sale means the person was possessing an illegal substance with the intention to sell it. Some police will cover their cameras or turn them off when they do something they shouldn't. At the Law Firm of Amy Chapman, our experienced Santa Rose drug possession lawyers are dedicated to helping our clients fight the charges they face.

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