Requirements to demonstrate the possession of drugs:
Possession of certain illicit drugs is a violation of federal and state laws. Although drug possession laws vary from state to state, the elements of the offence are generally the same. Prosecutors must prove beyond reasonable doubt that the accused knew that the drug in question was a controlled substance and that possessed or had control over it deliberately. This may also include what is known as “presumptive possession” or access to an illegal drug. Such charges may be filed against one or more individuals who have the keys to a van carrying narcotics, for example, not having drugs with him.
The drug possession laws are generally classified into one of two main categories: simple possession (for personal use) and possession with intent to distribute. The latter category generally involves much more severe than simple possession after conviction, to punish and deter drug trafficker’s penalties. To show possession with intent to sell, prosecutors may present evidence as digital scales, bags, large quantities of drugs, large amounts of cash in small bills or witness testimony.
Many states have established what is known as “drug court” programs charged with serious drug offences under the supervision of a judge who aim to rehabilitate the accused (usually are repeat offenders) instead of taking the case to trial. Judges exercise much control over the operation of drug courts. A drug defendant to go to court to accept drug passes between 12 and 15 months attending treatment sessions and submitting to random drug testing before the judge while drug court periodically. That, who did not appear before the court or not pass drug tests are arrested and are generally imposes a short prison sentence.
Factors influencing on sanctions for drug possession (in addition to mandatory minimum sentences) include the previous record of the accused, the amount and type of drug. Some states have decriminalized marijuana possession and turned it into a simple violation (like a traffic ticket), while possession of crack and cocaine used to have the strictest penalties in most states. Depending on the rules of a state sentence, judges have some degree of discretion and can impose penalties ranging from fines, hours of community service and probation to long prison sentences. Consult an experienced criminal lawyer in cases involving drug possession for more information.
Most drug arrests are cases “search and seizure”. In other words, the police arrest someone on the street or in a vehicle and finding drugs in his possession. In these cases, it is important to have an attorney who understands constitutional law US and Colorado law about what the police can and cannot do. If the police had no legal reason to prevent him or probable cause to search you or your vehicle, then drug testing can be suppressed. Without evidence, the burden of the drug can be dismissed for lack of sufficient evidence.
Those who carry out acts of cultivation, processing or trafficking, or otherwise promote, encourage or facilitate the illegal consumption of toxic drugs, narcotics or psychotropic substances, or possess with those purposes, they shall be punished with penalties of imprisonment of three to six years and a fine of three times the value of the drugs object of the offense if the case of substances or products causing serious harm to health, and imprisonment of one three years and a fine of up to double in other cases.
Notwithstanding the provisions of the preceding paragraph, the court may impose the penalty lower degree than those indicated in response to the low level of fact and personal circumstances of the offender.
Increased penalty for drug trafficking:
1. Degree higher penalties than those indicated in the previous article and a fine of four times the attendance at any of the following conditions be imposed:
1st The guilty person is the authority, public official, physician, social worker, teacher or educator and in the exercise of his office, profession or trade.
2nd The offender takes part in other activities organized or whose implementation is facilitated by the offense.
3rd The acts were carried out in establishments open to the public for the officers or employees thereof.
4th Substances in the preceding article refers to are provided to children under 18 years, mentally handicapped or people undergoing treatment for addiction or rehabilitation.
5th regardless of obvious importance the amount of the substances object of conduct in the preceding article refers to.
6th The substances are adulterated, manipulated or mixed together or with others, increasing the potential damage to health.
7th The conduct described in the preceding article take place in schools, centers, facilities or military units in prisons or rehabilitation centers or detoxification, or in its vicinity.
8th The culprit employs violence or exhibits or made use of weapons to commit the act.
If you have been charged with a drug offense, either federal or international, we are the law firm indicated to help. There is many lawyers and firms contact them; to have the necessary expertise to carry drug-related cases such as Purchase – sale, manufacture, distribution, possession, transportation and more.
Drug charges cover a wide range of offense, from the less serious, such as simple possession of a few certain drugs, even the most serious, such as participation in a regular criminal business related to drugs, or the development and distribution of these. However, even minor charges can be frightening and carry the risk of serious penalties; of course, the most serious charges could lead to even more serious consequences.