Drug possession – Charges and Penalties
Were you arrested as a result of drugs being found in your house, you car or even on you? Then there is every possibility that you may be charged with drug possession. When it comes to drug offences, the prosecution can take place in a federal or state court. It would also interest you to know that in a situation where you are charged with possession of drug, the punishment you are sentenced to face is mostly influenced by the quantity and type of drug found on you.
For example, if you are caught with more than 10 grams of any controlled substances like heroin or cocaine, you are sure to face a more severe penalty than when you are caught with less than 20 grams of marijuana. There is every possibility that you could do up to 30 years in the prison in the case of cocaine or heroin possession and about a year in the case of marijuana possession.
Where you stand in the event of an arrest
When it comes to the law guarding drug possession, the crime is categorized into three places which are: possession, possession with intent to supply and supply. Should your offence fall under any of the categories of possession of drug, it is then left to the police and court to define the offence and also interpret the penalties to you, the offender.
One may be charged with possession of drugs if you are in the same car with somebody that is driving or in the same dwelling as somebody that may have drugs. Typically every one in the vicinity of the drugs is charged with possession in that situation.
It does not matter the type of drug it is but as soon as you are caught with even a little quantity of it, you are surely going to be charged with possession. In the event where it happens to be your first offence, there is the possibility that you might just get off with warnings or caution. Don’t get this wrong, even with a caution, it goes on your record the same as a conviction goes on your record and remains there.
When it comes to intent to supply and supply in drug possession, it takes little for the law to come to such conclusions. If for example you passed drugs to your friends free on for a fee and you are caught, you are automatically charged with possession of drug with intent to supply or supply as the case may be.
In this case, all you will need to do are just three things which are:
- Getting the best criminal lawyer
- Being honest with your lawyer
- Never ignore the charges
if you are charged with possessing drugs the outcome of your case depends on the quantity, type of drugs as well as your prior criminal record. If you have no prior record in all likelihood the charges will be reduced to a violation depending upon the type of drugs that you are possessing when you are arrested and the quantity of the drugs. If you are possessing marijuana and it is your first time being arrested it is likely that the charges will be reduced to what is called an ACOD adjournment in contemplation of dismissal which means if the individual stays out of trouble for one year the charges will automatically be dismissed. If you are charged with possessing a controlled substance often called criminal possession in the 7th degree or more serious charges one may be put on probation or be put in drug court. Drug court is a very intense drug program through the court system that if one is successful the charges often get reduced after successfully completing drug court. Drug court are a group of professionals that help an individual that is monitored to the court and a judge. If one is successful the charges get reduced to a lesser charge. What will happen is an individual will plea to some criminal offense and there will be a breakout time period in jail if an individual is not successful with the program that is usually more jail time then the person would have received had they pled guilty to the misdemeanor without drug court. The incentive is for somebody to complete the program. Oftentimes someone will relapse that does not mean that on the first relapse that they will be taken off of the program it is only when an individual keeps on relapsing that the court will enforce the breakout jail time.
At the law office of Shawn Kassman located at 110 Carleton Ave. in Central Islip, New York we handle all matters for individuals charged with drug charges throughout Suffolk County, Nassau County and Long Island.
Yes, you can actually start on the road to helping yourself by getting an experienced attorney on criminal matters to represent you!