In criminal law, possession of controlled substances, pertains to marijuana, heroin, or other controlled substance, and is a crime under federal as well as state laws. Drug possession crimes are some of the very common, making up a big percentage of the crimes charged in any given area. A lot of people mistakenly carry the view that possessing drugs is a minor violation, but really a conviction of possession can lead to major consequences.
Possession of Controlled Substances Penalties
Possession of controlled substances charges carry different penalties, depending on the variety of drug possessed, the amount in a possession, and many other crucial factors like the variable of prior offenses. The penalties for a possession of a controlled substances crime can include imprisonment, enormous fines, probation, parole, as well as the possible loss of specific rights. To give you an idea of the terms of sentencing, generally,on the first offense they can reach up to 1 year behind bars and a $1,875 fine.
Possession of Controlled Substances Defense
To become successfully convicted of a possession of controlled substances criminal offense, it must be proven beyond a reasonable doubt that you not only actually possessed the illegal drug, but that you were deliberate in such possession and knew that it was certainly an illegal drug. Prosecutors, however, only need to show that the suspect is aware the drugs were present and has the intention to use or deal with them; which is very simple. Making matters more complicated, prosecutors do not require to have actual statements from the accused or proof that the accused ever really used the drugs.
There are many common defenses that can be properly used to prevent a conviction of a possession of controlled substances charge. A pretty good place to start is by verifying the legality of the possession of the controlled substance, then whether the initial law enforcement contact or traffic stop was warranted. From there, the lawyer can dispute if the search of the defendant’s estate was lawful or excessive, or if the search was given with invalid consent. The defense could argue to whether police force even had the right in terms of a valid search warrant.
Possession of Controlled Substances Versus Distribution or Sale
Somebody charged with possession of controlled substances might end up dealing with drug charges, or a more serious crime of possession with the intent to distribute. The court considers intent to distribute crimes, commonly known as “drug dealing” or sales, to be much more serious than simple possession, and are usually based upon the amount of substances an individual is found with, the drug’s purity, or by some other proof indicating the accused meant to sell them and not just use them.
Possession of Controlled Substances Defense Lawyer in Iowa
To see a drug possession charge of any drug as “no big deal,” whether marijuana or cocaine, is erroneous and even damaging to your future. The possible repercussions for just possession of controlled substances may not be compelling, anyone dealing with a possession charge shouldn’t rely on hearsays or advice supplied by close friends or relatives. A trained, talented attorney is the only one you should be partnering with.