When you’ve been charged with Possession - you need the best criminal defense lawyers on your side
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What is a Controlled Substance?
The federal government lists Controlled Substances as drugs it considers only valid by a prescription or other legitimate means. The federal Controlled Substances Act splits them into five types of drugs. The most dangerous drugs are listed in Schedule I and each Schedule goes down until you reach the least dangerous drugs listed in Schedule 5. This cataloging applies to federal substance cases, and many states have accepted the federal agenda.
What is Possession?
Controlled substances are drugs or other substances that the federal government has decided to regulate and whose custody or use has been deemed illegal. Having control of them isn't always considered a crime, if and when, it's legal to own and use them under specific circumstances, such as under a doctor's oversight.
What is the definition of Illegal Possession of a Controlled Substance?
When a person knowingly possesses a controlled substance without a prescription or possesses a drug such as marijuana, heroin, or methamphetamine for which there are no valid prescriptions under federal law or South Carolina law.
What is difference between possession, possession with intent to distribute, and trafficking?
The main difference is the amount of drugs a person is accused of possessing. There is also the charge of distribution. Distribution requires a person to actually sell or give another person drugs.
What is the difference between Possessing and Knowing?
On the opposite side, the prosecutor only needs to prove that the defendant knew the drugs were on their person and planned to use or regulate them in any manner. When a person knowingly or deliberately has a drug under their control, the potential crime of possession changes into a crime of knowing. In this case, the prosecution no longer has to show that the accused knew that the drugs were controlled or that holding them in this situation was illegal.
Therefore, the prosecutors are allowed to use the circumstances surrounding the case making those sufficient for arraignment. They no longer need to produce actual statements from the accused or any evidence that the accused actually used or regulated the drugs.
What is a Federal Conspiracy charge?
In federal court, the offense of conspiracy to possess with intent to distribute is a very powerful tool for the FBI, DEA, and the U.S. Attorney’s Office. A person can be convicted in a conspiracy if the Government can prove beyond a reasonable doubt that 2 or more people conspired to possess with intent to distribute drugs. A person can be convicted without the seizure of any drugs. If you have been charged by the feds or think you may be charged by the feds, give us a call. It is especially important to be proactive in federal court.
Speak to an Attorney
If you're facing any type of drug abuse or substance abuse charge, you need to find the best lawyer near me, such as the lawyers at Pruett and Cook Law. Any drug abuse or substance abuse charges often involve extremely important issues on whether law enforcement acted properly when they discovered such substances. The experienced attorneys at Pruett and Cook can advise you on your rights, the likely state and/or federal penalties of the charges being made against you and how they can help you navigate the criminal justice system.
Even if, in the case that the potential consequences for possession would not be substantial in your particular case, you must remember that an arrested criminal record will stick with you and can have negative effects on your ability to get a job or even housing in the future.
Schedule I Substances are LSD, heroin, ecstasy, and marijuana.
Schedule II Substances are Oxycodone, Morphine, Cocaine, Vicodin, Adderall, and Ritalin.
Schedule III Substances are Tylenol with codeine, testosterone, and anabolic steroids.
Schedule IV Substances are Valium, Soma, Xanax, and Ambien.
When someone is convicted of possession incarceration is possible. Jail time can range depending on the charge, the type of drugs involved, but can range from a few days or weeks to 10 years or more in prison. In some cases, probation may be obtained.
If you are found to have on or near your person at least one ounce (28 grams) of marijuana you can be charged vs indicted. Penalties can include a fine or jail time. If it's your first offense you may just receive a fine and probation.
Penalties can range from a fine of less than $100 to thousands of dollars and a few days in jail to a number of years in prison.