Possession
A simple possession charge, by itself, is typically minor in nature but that doesn't mean you don't need a drug crime lawyer to handle
This case involves the suspect being arrested for H&S 11377(a)-Possession of Methamphetamine, H&S 11364(a)-Possession of drug paraphernalia and PC 148(a)(1)-Resisting/Delaying a Peace Officer.…
| | |offense for 5 grams|;first offense |jail and sentence |charged with DUI | |…
Robinson v. California, 1962 “11721 of the California Health and Safety Code states: “No person shall use, or be under the influence of, or be addicted to the use of narcotics, except when administered by or under the direction of a person licensed by the State to prescribe and administer narcotics. Any person convicted of violating any provision of this section is guilty of a misdemeanor and shall be sentenced to serve a term of not less than 90 days nor more than one year in the county jail” (law.cornell.edu) “Lawrence Robinson, a resident in California, was arrested after a police officer thought that he had injection marks on his arms. The officer also added that Robinson claimed that he was an addict, which the he later denied. His 90-day…
More often than not a person caught in possession may be let go before even reaching the courts due to policing approaches with regards to the sale of illicit drugs. That is not to say there isn’t ramifications, people caught in possession of marijuana may be let go without any legal ramifications but may be forced to inform police of where they obtained the substance. Policing tactics set in place to catch traffickers…
There are a significant number of laws implemented polices that governs the procedures of assets forfeiture. Some of the laws implemented are the Racketeer Influenced and Corrupt Organizations Act (RICO), the Money Laundering Control Act (MCLA), Controlled Substances Act (CSA), which mostly concerns criminal asset forfeitures. In dealing with drug offenders, Congressed passed the Comprehensive Drug Abuse and Control Act of 1970. This Act is a form of civil asset forfeitures that presents the government with the authority power to “seize and forfeit illegal drugs, manufacturing and storage equipment, and conveyances used to transport drugs (“Police Briefing”, 1999).” This law covers the seizing of the alleged drug dealer’s property, home, and vehicles used to transport illegal substances, such as marijuana and cocaine.…
Dealing with a drug defense case involves several steps. The client should be informed about the proceedings. It is crucial for the client to obtain a legal representative who can act immediately. Once the user is arrested, the drug defense attorney should seek out the copy of the arrest warrant. In some cases, the client does not have the copy, so the lawyer may have to get it at the clerk of court's office.…
Mandatory minimum sentences have been called both America’s strongest tool and one of its greatest injustices, but here are the facts. Mandatory sentencing laws dictate that when a set amount of narcotics (for example one gram of LSD or 100 grams of heroin) is present the judge is required to sentence no lower than the set minimum (in this case it would be five years). This differs from other criminal cases in that…
Elizabeth Johnson was a model student. She was characterized by her teachers as hardworking, driven, and goal oriented. After being placed on the honor roll and graduating early from Morris High School in Will County, Illinois, she attended Northern Illinois University to become a lawyer. Within her first year at college, her life derailed. She was caught by the police and arrested for possession of marijuana. Johnson was expecting to be placed in prison but she found herself in a drug court, which assigned her mandatory drug rehabilitation. After graduating from the rehabilitation program, she went back to school at John Marshall Law School, and passed the bar exam. Now, after seven years of completing the drug program, she has…
The American court system is overflowed with people that suffer from substance abuse. For example drug and/or alcohol related crimes have been implicated in violent crimes, instances of domestic violence, child abuse and neglect cases. Therefore, drug court has come in to offer people arrested for substances abuse related crimes and opportunity to receive community-based treatment with judicial supervision to avoid potential incarceration. For this reason drug court has changed people’s lives in a variety of ways, which are often overlooked, are the positive impact on families and society.…
Possession and use of illegal drugs can land you in the criminal system facing an assortment of serious charges. If you are charged with a drug related offense, you would be wise to have an attorney who specializes in drug defense cases represent you.…
In 1989 the first drug court was introduced in Miami Dade County, Florida. Drug problems in Florida were substantial and mirrored many states across the United States. Crack Cocaine was on the rise as so was the crime across the United States. The many types of drug courts have been put in place to decrease recidivism, drug use and restore lives and families. Drug Courts are designed to serve as the alternative for incarceration. A big factor in criminal justice is figuring out what programs work for the community which are the taxpayers, and the offenders we are serving and helping. Drug courts are very successful out of the many correctional programs that exist. First discussing the background model that a comprehensive range of drug courts…
In “Against the Legalization of Drugs,” by Peter de Marneffe, the argument that the use and possession of drugs needs to be decriminalized is made, because of the belief that the criminalization of drug use and possession violates the rights of citizens. In this paper, I will defend de Marneffe’s position by refuting a possible objection. Contrarians may claim that decriminalizing drugs will inevitably lead individuals to try harder and more dangerous drugs.…
The United States has the highest incarceration percentage in the world. Mass incarceration is the result of people breaking the laws or committing offenses. Bill Clinton and his administration was one of the presidents that led to a massive mass incarceration. He passed a bill that extended criminal offenses, and he also gave money to build new prisons. Mass incarceration is also a result of poverty and discrimination of African Americans. In the other hand, Drug law violations have been one of the main reasons why people are incarcerated.…
Office of National Drug Control Policy. National Drug Control Budget: FY 2014 Funding Highlights. Washington, DC: Executive Office of the President, April 2013. Web. Feb. 19. 2014…
Drug use can lead to a lot of other crimes. The use of illegal drugs is often associated with murder, aggravated assault, burglary, robbery, rape, arson, hate crimes, larceny/theft, and serious motor vehicle offenses with dangerous consequences. Most inmates are in prison, at least in large part, because of substance abuse. Approximately sixty percent of individuals arrested for most types of crimes test positive for illegal drugs at arrest. I know several people that use drugs and not all are for…