Criminal defense attorneys Miami explain terms commonly used in drug charges, so you can be knowledgeable to build a strong case.
One term commonly used is controlled substance. In other words, it is a substance (drug) controlled or governed by law. Controlled substances have different levels based on state and federal statutes. For instance, marijuana is on a different level, or classification, than cocaine.
Distribution means that the individual is accused of illegally delivering, selling or otherwise providing controlled substances. This term is used in a drug charge involving the attempt to sell drugs to an undercover police officer.
Trafficking is a general term for the illegal distribution or sale of a controlled substance. The term is sometimes mistaken as only being used when the drugs cross state lines, but it actually has more to do with the amount of drugs.
Penalties for distribution and trafficking are dependent on several factors including the distributor’s criminal history, type of controlled substance, amount involved and the location. Certain places carry stiffer penalties, such as drugs brought to school or into the country. In general, jail time can be anywhere from three years to a lifetime. Trafficking charges usually lead to more time in jail.
Out of all drug charges, possession is the most commonly heard term. It is when someone has drugs on him. To be charged with possession, the district attorney must prove that it was intentional and with the person’s knowledge, it was not a lawful prescription and the amount was enough it could be used or sold. It does not have to be proven that the defendant was using the controlled substance.
It is also against the law to have in your possession drug paraphernalia. This includes scales, syringes, pipes, and other items associated with drugs. Even if no drugs are present, you could still be charged.
The least drug charge you may face is simple possession. In other words, the amount you possessed was small enough that it’s considered a misdemeanor. However, higher amounts will generally lead to harsher penalties.
Search and seizure is yet another common term that can be used as a defense in a drug charge. Criminal defense attorneys in Miami may argue that the arresting police officer unlawfully detained you, or the means in which they obtained their evidence was a violation of search and seizure laws.
Other defenses that an attorney may use can help reduce your charges. In some cases, it may even lead to your drug charges being dropped. Contact a criminal defense attorney in Miami at the Falk and Ross Law Firm at 877-663-5110 to set up a consultation about your charges.