An arrest on drug charges is a serious thing. Since President Nixon began a war on drugs in 1971, those convicted of these crimes face the possibility of serious jail time. The problem is that in any war there are unfortunate casualties. There are instances when charges may be unfair, incorrect or unfitting.
Here are three examples of how drug charges can be wrong, depending of the facts:
- Not in My Possession
"Hey those were not mine," is a cry often heard from defendants in drug cases. Police have probably heard it thousands times. If the police believed every time someone used this accuse there would probably be nobody in jail for drug possession. Thus, the police understandably tend to arrest people and allow things to play out in court system.
It is incumbent upon anyone arrested on possession to understand this fact. They should avail themselves of the right to speak to an attorney. At times, such constructive possession charges are unfair. These charges mean that the accused never had the illegal items in their "hands." The police only found the drugs in the vicinity, which is enough to sustain a count of constructive possession.
- Not in That Amount
In most jurisdictions, there is a difference between possession for personal use and possession with intent to sell. The first is usually a misdemeanor, meaning little to no jail time. Meanwhile, the second can mean a year or more in prison. This difference means that accuracy in weighing contraband is of the utmost importance to the interest of justice. When the weight is close to the differential amount, a defendant needs to have someone by his or her side to ensure fairness.
- No Plans to Make Anything Illegal
Another fine line between prison, probation or freedom can be the ability to manufacture drugs. Society has witnessed an increase in the use of synthetic drugs over the years. Likewise, police are understandably ever vigilant about stamping out production. Police can arrest an individual for having certain chemicals and paraphernalia in their home or work space, even when the accused had no desire or knowledge of how to create synthetic drugs.
Contacting a Drug Defense Attorney
The Constitution affords criminal defendants the right to a lawyer in most criminal cases. It is wise to contact a drug defense attorney when under indictment for unwarranted possession, intent to sell or manufacturing charges. The defense attorney can work with the courts to try to adjust the charges or have them dropped altogether.
To learn more, contact a company like Kassel & Kassel A Group of Independent Law Offices with any questions you have.Share