Drug Crime Law
Guide to Drug Crime Law
What is Drug Charges law? This legal area, also referred to as Drug Crimes law, is a subset of Criminal law and overlaps with Criminal Defense law. It encompasses the laws created to deal with illegal drug possession, use, manufacture, trafficking and other related transactions, as well as their enforcement and with legal defenses of the associated charges. This refers to both "street" drugs, which are strictly illegal, and drugs subject to Controlled Substances law, which are regulated by state and federal laws.
Although most drug charges are classified as felonies, the seriousness of the offence and subsequent punishment is most often determined by the type of drug involved and, if applicable, its classification under the drug schedule, the quantity the offender is found with, whether there is intent to sell and/or distribute and other relevant factors. A conviction for drug trafficking carries stiff penalties as well as dire consequences above and beyond criminal punishment, such as denial of federal benefits and forfeiture of real estate and personal property.
There exists controversy about the vigilant pursuit of drug charges against recreational users of "lesser" drugs, such as marijuana, and against drug addicts who would probably benefit far more from a drug rehabilitation clinic than from a prison sentence. Many opponents argue that drug use is a "victimless crime" and should be treated differently from violent criminal offenses. Others support the government's view that drug use is a direct contributor to violent crime and their determination to prosecute these offenses to the fullest extent of the law. These laws exist on both the federal and state levels and are very extensively enforced. The most common defense used to fight drug charges is proving illegal search and seizure by the authorities who discovered the drugs.
A new approach to dealing with drug arrests in some cities and states is the creation of drug courts, which can provide substance abuse help for arrested individuals with addiction problems. Laws governing these courts vary by locality and state, but generally they are offered as an alternative sentencing option for non-violent first offenders and for those convicted of lesser offenses.
To consult State Legislation regarding drug charges laws and regulations please see the Criminal Code by State page.
Copyright HG.org
Drug Crime - Know Your Rights!
- A Guide to Drug Crimes and the Law
A conviction for possession or distribution of drugs can carry serious punishments, including fines, a misdemeanor or felony charge, or jail time. Some states may offer alternative sentences such as court ordered rehab. In this comprehensive guide to drug crime law, learn more about the sentencing guidelines, how to fight a drug charge, and how a lawyer may be able to help you.
- Dealing with Drug Charges
By far, one of the most common class of crimes to pass through the American legal system is the drug case. Whether possession or distribution, drug cases have gotten a lot of attention from both the media and legislators since the 1980's and the beginning of the "War on Drugs." However, these laws are changing for some substances, like marijuana, so it is important to get a basic understanding of the state of the law related to controlled substances.
- How to Fight Drug Possession Charges
Every year, thousands of people are arrested on drug possession charges. Many of these charges relate to very small amounts of controlled substances in a person's car or on their person. These cases are an enormous percentage of the criminal court dockets of every state, leading to almost routine behavior of drug possession defendants and sentencing. But, it is possible to fight these types of charges and obtain a more favorable outcome.
- If a Drug is Not Illegal, Can I Get in Trouble for Having, Taking, or Selling it?
- What Are the Different Schedules of Drugs
- When Can You Be Held Responsible for Drugs or Guns That Aren't Yours?
Of all the concepts in the field of criminal law, few are more hotly debated, and more subject to constantly inconsistent results, than the concept of constructive possession. But what is it? How can someone be held responsible for possessing drugs or guns that are not on their person (especially if there is a perfectly reasonable explanation of who may actually be the owner)?
Drug Crime Law Articles
- If You Are Charged With a Misdemeanor in TexasWhile misdemeanors are less serious charges than felonies, this does not mean that a misdemeanor charge is inconsequential. A misdemeanor conviction can leave you facing serious fines and penalties – in addition to a range of social consequences that you may not have anticipated. If you are facing a misdemeanor charge, it is time to reach out for the professional legal guidance of an experienced Texas criminal defense attorney.
- Finding the Right Lawyer for Your Georgia DUI Case among NW Georgia AttorneysIf you need legal representation for a DUI or other criminal defense case in Georgia, it is crucial to limit your search to criminal defense attorneys. An experienced defense lawyer who is familiar with, and well-known, to the local court where your case is filed, may be crucial for you to obtain the best outcome for your criminal case. When choosing an attorney for criminal defense, consider his or her experience, track record, and recognition and "standing" in the legal community. If you look at national lawyers’ ratings directories, it seems that all the best criminal lawyers in Georgia are clustered in the major cities, but that is not necessarily true.
- Understanding Marijuana Laws in TexasIf you are having a difficult time deciphering marijuana laws in Texas, you are not alone. The most important thing to remember is that marijuana is not legal in any capacity other than for limited medical exceptions that involve a prescription in the state. Texas takes marijuana-related charges very seriously. If you or someone you care about is facing a marijuana charge, enlist the help of an experienced Texas criminal defense attorney.
- Cannabis Possession Laws in Ohio - What You Need to KnowRecently, the legalization of recreational marijuana was put to the vote on the Ohio ballot. However, it was narrowly shot down, resulting in marijuana remaining illegal to buy, sell, and consume in Cincinnati. Despite the close margin, the current laws and regulations surrounding marijuana use remain in place, emphasizing the need to adhere to the existing legal framework in the city.
- A 4th DUI Is Not Always a Felony Under Colorado LawColorado statutes concerning driving under the influence get progressively worse based on the number of previous convictions a defendant has. Typically, the court will punish a first offense with probation. Jail time is not off the table, but it is not a common punishment for a standard DUI case.
- Probation Violations in Georgia: Fighting a RevocationA probation violation in Georgia can carry serious consequences. This web page by Atlanta criminal lawyer and ex-probation officer Lance Patrick explains various probation violation "conditions" issues such as failure to report when required, being late on payments, or leaving the jurisdiction without prior permission.
- What Happens if Your Name is Found in a Drug Dealer’s Phone in Texas?If the police find your name on a drug dealer’s phone in Texas, it does not necessarily mean that you will be charged with a crime. However, it could potentially make you a person of interest in a police investigation. Here are some of the things the police may do if they find your name in a drug dealer’s phone with messages that can be interpreted as being related to drug deals. No, asking about “work” isn’t fooling anyone.
- What Happens After an Arrest in Missouri?Being arrested by the police can be one of the most traumatic and embarrassing situations you may ever encounter. With a valid arrest warrant, or probable cause in some circumstances, law enforcement officers are allowed to take you into custody wherever you are located – whether that be in public, at work, in school, at your residence, or even at a friend’s house.
- Your Questions About Criminal Charges in TexasIf you or someone you love is facing a criminal charge in the State of Texas, you may feel like you have nothing but questions and concerns. Fortunately, the answers to some of the questions people in your position ask most frequently can help on both counts. If this is the situation you find yourself in, the most important first step you can take is to reach out for the professional legal guidance of an experienced Killeen criminal defense attorney.
- Can My Minnesota Teacher’s License Be Suspended or Revoked?The Professional Educator Licensing and Standards Board or Board of School Administrators that has jurisdiction over your teacher’s license can revoke, suspend or refuse to renew your license when a written complaint against you meets certain conditions. A school board, teacher organization or another interested person may initiate the process by making a written complaint. Under what conditions can your license be legally suspended, revoked or non-renewed?
- All Drug Crime Law Articles
