Drug Offense

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