When faced with a drug possession charge, the first thing you should do is hire a drug possession attorney. While there are many lawyers in the field, the majority of them are highly specialized and have decades of experience in defending individuals against drug possession charges. Fortunately, there are several advantages to hiring an attorney instead of representing yourself. This article will explain why hiring a lawyer is a smart decision, including the legal defenses available and the penalties associated with a drug possession conviction.
Legal defenses to drug possession charges
Despite its name, there are several legal defenses to drug possession charges. Some are easier to prove than others and may be more complex than others. The prosecutor must first prove that the defendant had the drugs in his or her possession. If the prosecutor cannot prove this, the drugs were likely in another person’s possession. A skilled criminal defense attorney can turn this argument to your advantage. Let’s examine some common defenses to drug possession charges.
One of the most common legal defenses to drug possession charges involves entrapment, or when a police officer or confidential informant is trying to lure you into giving a false confession. Fortunately, there are several defenses involving entrapment that you can use. First of all, just because something looks like a drug does not mean it is. To prove that the substance you possessed was not a controlled substance, the prosecutor will need to use crime lab evidence. In some cases, an erroneous analysis of a substance can also raise defense issues in drug possession cases.
A second common defense to drug possession charges is based on the Fourth Amendment. If the police lacked evidence or searched you illegally, your Fourth Amendment rights could have been violated. If they failed to inform you of your legal rights, the drugs cannot be used in court as evidence. The officer may have planted the drugs in your possession. You can also challenge the officer’s credibility by showing that he was unprofessional and did not inform you of your legal rights.
Law enforcement’s constitutional rights
The United States Constitution grants law enforcement officials certain rights. Under these rights, they may use force only when necessary to accomplish their duties, including preventing violent acts. They also may use force as necessary to assist in making lawful arrests. These rights are not unlimited, however, and they must be balanced against other considerations. Listed below are some examples of laws requiring law enforcement to respect the rights of the public. These laws are intended to prevent abuse of power by law enforcement.
Conservatives worry that stricter accountability will make police officers unfit for their jobs, but this is simply not true. By granting law enforcement officers greater freedom, conservative judges and policymakers have effectively exempted these agents from the consequences of their human frailties. As a result, good cops have been hampered in their work, and law-abiding citizens have been attacked by criminals wearing federal badges. This makes it extremely difficult to protect the public from abuse by law-enforcement officials.
Police officers can engage with the community and gain their trust by hosting forums. By engaging with the community, police officers can build trust among citizens and repair damage that were done to trust. Through open communication, law enforcement can demonstrate that it respects everyone’s rights and listens to their concerns. As law enforcement is regulated by the Constitution, officers must understand how the law applies to them and how they can use their powers more effectively.
Penalties for drug possession convictions
If you have ever been arrested on charges of drug possession, you probably know what the punishments are. Penalties for drug possession convictions vary widely depending on the drugs involved and their intent to distribute. While it may be easy to get away with simple possession of a small amount of marijuana, a higher level of charge could land you in jail. In addition to jail time, convictions can carry monetary fines and forfeiture of the property involved.
In addition to hefty fines, drug possession convictions can carry a long prison sentence. For example, a first-time conviction for possession of marijuana or heroin can land you in prison for up to five years. A second-time conviction for possession of the drug will land you in prison for two to three years and a fine of up to $40,000.
For the most serious drug possession convictions in New York, you will face a hefty fine. You may even spend up to 20 years in prison for a first-degree drug possession charge. To avoid this type of punishment, it is important to contact a New York drug possession attorney right away. Our attorneys have extensive experience representing clients in the criminal courts of New York. The Law Offices of Stephen Bilkis & Associates has extensive experience in defending those charged with drug possession.