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Drug possession is possessing an illegal drug or controlled substance without the written prescription of a licensed physician, dentist, podiatrist or veterinarian. Criminal lawyers know controlled substances are defined and classified differently from state to state, but generally the drug statutes refer to narcotics, marijuana, and prescriptive drugs.
It is important to note that in many jurisdictions, you can be charged without actually physically possessing the illegal substance on you. For example, if someone in your car is carrying methamphetamine in their purse or pocket, the driver or owner of the vehicle can be charged -- even if the driver or car's owner had no clue the passenger had drugs. Our lawyers have successfully built winning defenses on this basis with expertly crafted strategies and talks with the prosecutor and detectives, even before any court hearing.
Drug Possession offenses varies according to the type, amount and geographic area of the offense. Simple drug possession involves small quantities, while having of large amounts may lead to being arrested for Drug Possession with Intent to Distribute or Drug Distribution.
If you are suspected of possessing a controlled substance or illegal drug for the purpose of selling it, you can be arrested for Drug Possesion for Sale or Drug Trafficking. If the amount of the drugs in your possession is sufficiently high, you can be accused of Federal Drug Trafficking even if you never intended to the sell the drug and intended it only for personal use.
Since the start of the "war on drugs" in the 1980's, the government and prosecutinng attorneys aggressive pursue drug convictions. Drug possession is considered a "gateway crime" speculated to lead to engaging in other criminal behavior. Big drug busts are relished by prosecutors and politicians because that makes them look good and is great for their public image.
Citizens involved in drug possession, trafficking/distribution, or manufacturing are favorite targets of prosecutors because drug convictions are easy to get when someone is not represented by an expert lawyer. The prevalence of drug use leads many people to assume drug possession is a victimless crime. In fact, the defendant becomes the victim and without strong representation by a criminal lawyer, the defendant may end up in prison instead of proper treatement in a caring environment.
Drug possession has among the most aggressive sentencing guidelines in the justice system. Even minor drug possession can have an incapacitating effect on your record, loss of your drivers' license and difficulty in keeping or getting jobs. Convictions on possession of controlled substances or on drug trafficking or manufacturing can lead to long prison times with mandatory sentencing guidelines. This is why a drug possession accusation must be fought with extreme skilled and vigorous defense by top lawyers.
The most common approach used by our lawyers for drug possession is to get it dismissed or substantially reduced without a court trial. Our lawyers use pre-trial defense strategies usually centered around the suppression or handling of evidence. This requires attorneys to have more than just knowledge of the law. It requires lawyers with specific experience in drug possession defense strategies backed by forensic experts who can conduct the research necessary to win.
Drug possession is aggressively prosecuted and carries severe penalties. Just a few grams of some substances can imprison you.
Drug possession can even lead to federal prosecution. The federal government has an entire agency dedicated solely to pursuing drug possession convictions. It is critical you determine whether you are facing federal charges or under federal investigation. Even a drug possession case made by your state can later be handed to the federal government. You need a lawyer experienced in drug possession cases to prevent this from happening, who is experienced in both state and federal defense.
Note that the federal penalties below are for drug possession for the first time. These may change according to new legislation read the federal sentencing guidelines on drug possession offenses and penalties for the most up to date statutes.
|Heroin||1 kg. or more||Prison: not less than 10 years, not more than life.
Fine: up to $4 million.
|Cocaine||5 kg. or more|
|Crack Cocaine||50 gm. or more|
|Methamphetamine||100 gm. or more|
|PCP||100 gm. or more|
|LSD||10 gm. or more|
|Marijuana||1,000 kg. or more|
|N-Phenyl-N-propanamide||400 gm. or more|
|Heroin||100–999 gm.||Prison: not less than 5 years, not more than 40 years.
Fine: up to $2 million.
|Crack Cocaine||5–49 gm.|
|Amphetamines||any amount||Prison: up to 3 years.
Fine: up to $250,000.
|Marijuana||50–100 kg.||Prison: up to 20 years.
Fine: up to $1 million.
|Hash Oil||1–100 kg.|
|Flunitrazepan (Rohypnol, “roofies,” or “roaches”)||1 gm.|
|Marijuana||less than 50 kg.||Prison: up to 5 years.
Fine: up to $250,000.
|Hashish||less than 10 kg.|
|Hash Oil||less than 1 kg.|
|Flunitrazepan (Rohypnol, “roofies,” or “roaches”)||less than 30 mg.|
Our defense strategies and our cadre of drug trial attorneys at both the state and federal level have saved our clients years of prison time.
LibertyBell Law Group was founded by a group of criminal defense lawyers who have a history of winning cases and getting the best plea deals. Our attorneys grew irritated with the fact that a huge number of people suffer life-altering consequences because they can't defend themselves.
Our top lawyers united to level the playing field. We hand-picked only the foremost experts in drug possession defense. Our attorneys have extensive experience in drug possession cases.
Our veteran lawyers have all the resources they need to get the best possible ending for your case. Our powerful legal defense force of the best lawyers and experts is available and affordable to you.
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You can now draw on a huge number of lawyers working together for one goal -- getting the best possible result for you. Early intervention is the key to our mutual success.
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Our lawyers, Tennen and Wirsching, get No Prison Time for our defendant in a federal court case involving millions of dollars in an illegal international gambling ring, extortion, RICO, and money laundering.
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ca_medical_marijuana_criminal_attorneys.mp3Gina Tennen, Managing Attorney, and Jennifer Wirsching, Attorney, give expert opinions in KABC's Peter Tilden Show on California medical marijuana laws and the recent federal raid on Oaksterdam.
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