Information on Drug And Marijuana Charges

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Drug And Marijuana Charges

Possession of any drug is now a serious offense. Your ability to get to work or school will be affected because there is a one-year suspension of your driver's license for any conviction. Remember this has nothing to do with operating a motor vehicle. This punishment is imposed by your law makers to deter you from using drugs.

You will probably never be advised of this penalty prior to pleading guilty, and many defense attorneys may forget to advise you. If this has happened to you, call us and we will fix the problem.

Unless you are addicted or have a significant record, a possession charge can be disposed of with an alternative sentencing option if you don't have a legal defense. In another words, you may not have to plead guilty and subject yourself to a conviction and loss of license.

The more serious drug offenses involve possession with intent to distribute (which offense lives or dies on the amount of drugs seized) or distribution or sale, which is the more difficult to defend.

Either charge of possession with intent to distribute or sale within 1000 feet of a school zone or 100 feet of a playground will result in a two-year minimum mandatory sentence with no possibility of parole. School zones include churches, child care homes, and businesses and any other facility where children may be schooled or cared for.

Whenever someone is charged with a drug offense, it is usually the result of a police search and seizure with a search warrant. A search warrant is a document issued by the clerk magistrate or judge which gives the police the legal right to search. The request for search must have sufficient facts set forth in supporting documents to allow the magistrate or clerk to make a finding of probable cause.

Your first step should be to determine whether the search and seizure was constitutionally valid. In order to do so, all facts must be investigated to determine whether "probable cause" existed. If it is determined that the police did not have "probable cause" then all drug evidence must be suppressed, which means this illegally seized evidence cannot be used against you.

Penalties

Possession of Class A
(Heroin, Morphine and Others)

1st Offense: Up to 2 years in jail
2nd Offense: Up to 2½ years in jail or up to 5 years in prison

Possession of Class A with Intent to
Distribute or Sell

1st Offense: Up to 2½ years in jail
2nd Offense: Mandatory minimum 5 years in prison

Possession of Class B
(Cocaine)

1st Offense: Up to 1 year in jail
2nd Offense: Up to 2 years in jail

Possession of Class B with Intent to
Distribute or Sell

1st Offense: Up to 2½ years in jail
2nd Offense: Mandatory minimum of 5 years in jail

Possession of Class D
(Marijuana)

1st Offense: Up to 6 months in jail
2nd Offense: Up to 2 years in jail

Possession of Class D with Intent to
Distribute or Sell

1st Offense: Up to 2½ years in jail
2nd Offense: Mandatory minimum 2 years in jail

Important
The Registry of Motor Vehicles will suspend your driver's license for any drug conviction.

At Ianello Legal Associates, consultations by phone or in person are Always free. Reasonable fees and payment plans are available.