A drug-crimes criminal defense lawyer is usually hired when an individual is arrested for any drug-related charges. There are a number of different types of substances, all of which are illegal, that can lead to the pressing of criminal charges. Charges may be brought against an individual for possession, conspiracy to supply, illegal manufacturing, and even distribution of these substances. Crimes with which an individual can be charged may be classified as a felony, misdemeanor, or in severe cases even as a federal felony.
The possession of drugs is usually illegal under both state and federal laws. Possession is one of the most common types of charges that individuals are arrested for in the United States. Under law, possession is usually defined as the actual control of the substance in an individual’s possession. Possession can either be physical or constructive. Physical possession is where the drugs are found on the person, for example in a pocket. Constructive possession is where the drugs are found in a place to which the person has access, such as in a car. For anyone facing charges of constructive possession, a drug-crimes criminal defense attorney can fervently defend the rights and interests of the accused. An experienced lawyer can devise numerous valid arguments against the inclusion of certain evidence, the testimony of certain witnesses, the addition of unrelated charges, and many other issues that one might face in the course of their trial.
The sale of illegal substances usually involves subterfuge in order to avoid arrest. Often, the sale of illegal substances involves middlemen. This is where drugs and money are exchanged through a middleman. Under such conditions, the most common charge an individual will face is of possession of the illegal substance with the intention to sell. Under this type of charge the state need not prove that the defendant was in possession of the illegal substance at any given time. All that is needed to be proved by the prosecutor is that they intended to sell the illegal drugs to others.
The manufacturing of illegal drugs is usually punishable by both state and federal laws. The charges instituted in this instance are those relating to the production or creation of the illegal substance. Currently, the most numerous cases covered under these charges involve the production and manufacture of marijuana and methamphetamine (crystal meth). With the growth of manufacturing of illegal substances, pharmacists are required to store certain types of drugs behind the counter. The most common of all the charges pressed concerning illegal substances is that of conspiracy. Individuals are charged with possession of the illegal substances with the intent to distribute.
Persons caught in possession of methamphetamine have tended to receive progressively more severe penalties over the years. This is because of increasing social problems associated with widespread use of the drug. The penalty for possession of methamphetamine may vary from one state to another. However, the quantity of the drug found in the person’s possession is usually taken into account when determining the length of jail sentence given to those convicted of possession of methamphetamine.