Drug possession charges occur when a person is found possessing scheduled or controlled drugs without a valid description or other narcotic substances for his/her own use or with the intention to sell or distribute. The penalty for drug possession charges in the United States can range from a simple fine to prison time. Possession of illegal drugs is a crime with severe penalties in both the state and federal level. The severity of drug possession penalties depends on various factors including quantity, type of drug, intent, age of the offender, and location of the crime. Such charges can be classified into two segments as per their severity. A misdemeanor drug possession charge occurs when someone is caught with a 20 oz of marijuana in his/her possession. The penalty for such a crime may result in a small fine, drug counseling, community service or probation. However, a felony occurs when a person is busted with banned/scheduled/controlled drugs and narcotic substances including heroin, crystal methamphetamine and ketamine either for personal use or for the purpose of sale and distribution. A felony conviction may lead to a longer jail term of three to five years along with heavy fines. Repeated offenders could be sentenced with a jail term of up to 25 years. This article answers some of the most commonly asked questions on such charges and laws associated with them. I believe that I was falsely arrested on drug charges as the cops did not find any drugs from my car when it was searched for the first time. But they managed to get drugs from the glove box of my car on the very next day with a second search warrant. The lawyer appointed for me is neither showing me the arrest file nor telling me about the charges against me. What should I do now? Everybody has the right to see the arrest report evidence against him/her. Keeping this in mind, if your attorney is not co-operating with you, you can complain to the Public Defender’s Office about your attorney’s unprofessional performance. You can also get your attorney removed by bringing in a malpractice complaint. Once, you hire a new attorney or the court appoints a new attorney for you, you should explain your situation. Your lawyer can change things for you by highlighting the fact that nothing was found in the glove box of your car during the first search. I was arrested on drug possession charges as the cops searched my truck illegally despite my refusal to sign consent and I was offered a deferred entry of judgment. I pled guilty as I could not afford bail. Can I now plea not guilty? The charges against you will be dropped upon a successful completion of drug program which includes a drug education class and a drug testing session to assure the court that you are determined to stay away from drugs. You might need to pay towards court cost and that should be the end of the case for you. However, if you choose to opt out from the drug program and if the judge allows you to do so, you will be given a date for the disposition hearing for the charges that you were originally charged with. You will be allowed to enter your not guilty plea during that hearing. I was charged with synthetic drug possession in Tennessee. What would be my punishment? This is a serious matter in Tennessee as it is taking a lead in cracking on synthetic drug possession. You might receive a jail term of up to one year and a fine up to $2500. You should retain the services of a criminal lawyer who could make a deal to dismiss all charges against you after you successfully complete a drug program. How can I get a non-violent felony conviction for drug possession removed/expunged from my record in Idaho? I want to own a gun. You cannot get your conviction expunged in Idaho. You may be allowed to own a gun in Idaho if your civil rights are restored. You can hire a criminal lawyer in this matter as Idaho law does restore civil rights in some cases. You could also apply for a pardon through the State Commissioner of Pardons and Paroles. My son is charged with burglary and possession. He has no priors. How can we go about in avoiding a jail term for him? You can speak to a criminal lawyer on this to represent your son’s case in order to avoid the jail term. As your son has no priors and if the court feels, it could order a longer probation period with frequent drug testing to ensure that your son is not doing drugs. This apart, the attorney could also make a plea to enter your son into a treatment program along with probation in order to avoid a jail sentence for him. Laws vary from state to state depending on the enormity and severity of drug related crimes. It is always best to ask a criminal lawyer to help you to gain insight into such matters and laws associated with them.
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