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Possession
A person exercised dominance and control over
a controlled substance, the person knew of its presence, and the
person knew of its nature as a controlled substance; and the substance
was in an amount sufficient to be used as a controlled substance.
Types of Drug Offenses: Cultivation, Distribution, Importation,
Manufacturing, Paraphernalia, Possession, Possession for Sales,
Prescription Fraud, Trafficking, Transportation.
Consequences for the conviction of Drug Offenses may potentially
include:
- Imprisonment
- Probation or parole
- Registration as a narcotics offender
- Drug testing
- Court ordered counseling or rehabilitation
- Loss of driver's license
- Seizure of motor vehicle
- Search and seizure conditions
- Significant fines
- Other
Likelihood of any of the above consequences depends
upon the following factors:
- Prior similar convictions
- Any other prior convictions
- Currently on probation or parole
- Attitude of community and court toward this type
of crime
- Degree of media attention on case
- Mitigating/aggravating circumstances
- Other
Defenses of Drug Offenses may potentially include:
- Insufficient evidence
- Factual innocence
- Valid prescription
- Illegal search and seizure
- Other
What can you do to improve the outcome of your
case?
- Gather documentation of your good character (reference
letters, employment history, community service, etc.)
- Exercise your right to remain silent
- Retain qualified counsel as soon as possible
- Keep a diary of all significant events and potential
witnesses (this information will help your attorney prepare the
best possible defense)
- DO NOT investigate your own case
What can we do to help?
- Early preparation, including legal research and
defense identification
- Early investigation and identification of all facts
helpful to your defense
- Interview police to minimize or eliminate the case
- Interview the prosecutor to minimize or eliminate
the case
- Interview all witnesses
- Reduce or eliminate bail requirements
- Provide emotional support to loved ones and ensure
that they are continually updated as to the state of your case
- In appropriate cases, negotiate jail alternatives
- Obtain an evaluation report from a court approved
psychologist (to show counseling may be a better alternative to
jail)
- Coordinate a private lie detector test
- Develop appropriate motions to dismiss the case
- Develop appropriate motions to suppress evidence
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