Drug charges can be frightening and confusing. Penalties can range from a small fine to life imprisonment. Drug laws vary wildly from state to state. The conditions that affect the seriousness of the crime, and even who can be charged also vary from state to state. Generally, the more dangerous the drug is considered to be, the steeper the penalty. However, there are a number of other conditions that can apply. If you are facing any type of drug charge in Point Pleasant and Wall, you need the help of an experienced criminal defense attorney.
Common Drug Charges
The most basic drug charges include:
- Intent to sell
- Manufacturing or cultivation
- Distribution or trafficking
You can also be arrested for driving under the influence of drugs.
You do not necessarily have to have the drug or drugs on your person to be charged with possession. It can be in your home or your vehicle or in some other way considered under your control. In some states the drugs do not even have to be your or under your control. Everyone in a vehicle or home where drugs are found may be charged with their possession.
Intent to Sell
What may actually have been simple possession from your perspective can be charged as intent to sell based on different factors in different states. Some of these factors include:
- The amount you possessed
- How it was packaged, regardless of amount, such as a small amount broken down into several packages
- Possessing certain types of paraphernalia such as scales or baggies
Other factors that can affect the seriousness of the charges and accompanying penalties include:
- The type of drug, usually rated in seriousness by schedule with Schedule I being the most serious
- If a child was present or involved
- If you were in or near a school
- If other crimes or charges were involved
- If you were out on bond, probation, or parole with abstinence from drug use as a condition
- Repeat offense
Defending Against Drug Charges
Some states and jurisdictions and even individual prosecutors or law enforcement officers are extremely aggressive in pursuing drug charges. It is not unusual for drug charges to be inflated well above and beyond what is appropriate for the circumstances. Prosecutors will often inflate charges in the hopes of intimidating you into accepting a plea bargain so they can get another easy conviction.
Our experienced criminal defense attorney in Point Pleasant and Wall can help you beat a drug charge or reduce the seriousness of the charge so that it has the least possible impact on your life.
If you or a loved one is in need of legal assistance, call The Shamy Law Firm at 732-800-1090 or submit an online questionnaire. The initial consultation is free of charge. If we agree to handle your case, we will aggressively defend your rights and help you every step of the way in securing the best possible outcome. Sometimes the proper legal action very early in the process can stop prosecution in its tracks saving your time, money, and other hardships. Criminal cases can require rigorous investigation on behalf of the defendant, and involve strict deadlines. Please, contact us right away to ensure that you do not give up any of your precious legal rights.