You always look with scornful eyes to the person involved in drug peddling. But do you know that every state and federal government has penned a certain kind of regulation about the drug law?
Consider drugs such as heroin, LSD, marijuana, into the categories of the illegally controlled substances. The penalty also goes for the forbearer chemicals extensively used in the manufacturing and cultivation of the drugs. Now such possession of drugs may differ as per the drug type and amount. In some cases, geographical boundaries do matter. Therefore if you fall into such a drug dilemma, don’t hesitate to call the drug lawyer.
Requisites proving drug possession:
The laws documented in regards to possession of the drugs may largely differ from one state to another. So drug lawyer needs to have full access to such information. Some of the scenarios that a drug lawyer in defense faces are:
- The prosecutor is on his motion to prove that the person charged was already aware of the fact that drug is a controlled item.
- Next, the charged person has soundly accepted the ownership over or of the drugs.
- He/she may also look for whether the drug is under the category of constructive possession or not. It means that the defendant has control over the drugs though his name does not directly appear during the arrest hours.
Different Categories of Drug Possession Laws:
A drug lawyer needs to garner know-how in respect of the laws stating the conditions of drug possession.
- Possessing the drug for using it for personal purposes, you can also name it as normal possession.
- Possessing the drug with a clear motive to distribute among others, you can rename this as intentional possession.
The second is severely punishable as it falls under the category of strict penalty. It is because it is to demotivate the drug peddler from doing so. If the prosecutor wants to prove the person is guilty of peddling with a motive to sell, then he has to produce evidences like bags of drugs in huge quantities. Else, he can also look for eyewitnesses or any bills or transactions related to that.
Additionally, a drug lawyer needs to know that few states have segregated the drug laws as they treat those drugs discretely from others.
A drug lawyer should keep in mind that some of the states have considered marijuana, drugs for medicinal purposes, while some have labeled it as a recreational drug.
Tips to look for a drug-defending lawyer:
- Experience to deal with drug abuse cases: A drug lawyer needs to have experienced while handling drug-dealing cases. He also needs to be cautious enough before addressing to the client’s story. The situation may appear that the story the client produces is not trustworthy. But being a lawyer it is your call to protect him/her. Therefore, your experience over these years will teach you to conduct an examination trail. According to this, you can ask to provide the testimonials in regards to plausible cause. If the authorities fail to put the cause then the defendant will get a release on bail.
- Awareness of laws of drug abuse: The proficient drug attorney has sound information in regards to the drug possession scenarios. Also, they know the context of the laws as well. A dedicated drug lawyer should have handled multiple cases on substance possession and drug cases. The present law system is more stringent. The enforcement department has the authority to charge a person or snatch the cell phone for text messages related to drug dealing. Even, they can charge any person to sell the drug as well.
But a professional drug lawyer will always protect the defendant. He will assure the client and ask of the police to produce the warrant to seize the phone. This largely reduces the possibility of the charges.
