An Important Guide To Understand What is Drug Crime

What counts as a Drug Crime?

Drugs are controlled substances which have specific regulations placed upon them by the local, state or federal government. Possessing, manufacturing, controlling, or selling/distributing drugs may be deemed illegal depending upon the kind of drug, amount, and the possessor’s intentions. In many instances, people have unknowingly committed a drug crime and have paid with consequences. Mostly, drug crimes are classified into the following three sub-categories:

• Manufacturing
• Possessing
• Distribution

What defenses can you use when charged with a drug crime?

It’s a piece of general advice that one should maintain a safe distance from controlled drugs and also from people who are into the ‘business.’ However, if someone finds themselves caught in the web and the worst case, if they are charged with a drug crime, they can use the following defenses:

• Medical Marijuana
• Illegal search and seize
• Power abuse by police
• Unwitting possession

What refers to Unwitting Possession?

According to a famous drug crime lawyer in Cobb County, unwitting possession is the most common defense. It means that the person possessed drugs unknowingly and had no information about it. A common example is that of a courier boy who delivers a package which may contain drugs, but he is not guilty of possessing it as he did not know that what’s inside the package. Also, if a person borrowed a car from his friend or neighbor without knowing that the owner stored drugs under the seats, again he cannot be termed guilty for possession.

Again, there are three categories of states. Some of them allow unwitting possession as a defense while the others add the ‘had no reason to know’ clause to it. There’s a third category too who don’t allow it at all. In any case, the defendant has to prove unwitting possession with legal evidence, and they cannot just get aside by quoting it verbally.

Illegal Search and Seize Defense  

It is well known that police are forbidden from searching premises or automobiles without warrants or a probable cause. It’s a great relief for the defendants that courts are very serious about police complying with these rules, and they can suppress the evidence which was illegally obtained. Suppose that police searches home and finds cocaine hidden inside. A good defense lawyer will always ask the court to suppress the evidence as they were obtained illegally, i.e. without a warrant. If the defense succeeds in doing so, then the police cannot use the seized cocaine as evidence in the court during the trial procedure. To simplify further, if the judge doesn’t get to see the evidence, the defense cannot be charged with a drug crime!

What is Police Abuse of Power?

In many cases, enforcement authorities use illegal and unconstitutional methods to find evidence or build a strong case. Unauthorized surveillance, search without a warrant, planting evidence, building pressure on suspects or witnesses comes under police abuse of power. Most drug crime defense attorneys will tell you that police can lie while they are promising leniency or if they are using the undercover agents.

Does it help if I have a medical marijuana prescription?

In the United States, only twenty states and DC allow citizens to possess marijuana, citing medical reasons. So it solely depends upon the jurisdiction of the defendant. Your drug crime attorney cannot use the medical marijuana prescription as a defense if you have been brought before a federal court in a state which doesn’t allow medical possession of marijuana. Moreover, it doesn’t mean that you can easily use the medical marijuana defense in the states which allow it. There are several other restrictions:

• The medical marijuana defense is purely affirmative, which means that one can always get arrested first, and the court will ask the questions later.
• There is a limit on how much marijuana one can possess citing medical reasons. If someone is found with marijuana above the threshold, then there can be no defense in such case.
• Please note that the medical prescription defense is only applicable to the possession, there is no such defense if someone is found distributing the drug.
• Most states only recognize the possession if they are registered with the state marijuana program or if they hold a written prescription from a doctor. 

When to hire a drug crime attorney?

If you have been accused of a drug crime, then you must hire a drug crime defense attorney immediately. Hiring an experienced attorney will help you use your defenses in a better and powerful way, and you will have more chances of getting away from fine or imprisonment. There are expert drug crime lawyers in Cobb County, and many of them are listed on the online portals.