Drug Charges in The USA
If you’re charged with drug possession, it can be difficult to know where to turn next. Don’t panic just yet, though! You’ll want to call up the best drug charges lawyers in Van Nuys right away so that you can learn more about your situation and figure out how to proceed.
If you or someone you know has been charged with drug charges in the USA. There are many questions and concerns that may be running through your mind. If so, we’re here to help you learn more about how these charges are handled in the USA. When it comes to drug charges lawyers in Van Nuys, you can count on them to make sure your rights are protected throughout the process of your case.
Here are some of the most important things you should know about drug charges in The USA right now.
Sanctions and penalties for drug possession
Sanctions and penalties for drug possession vary and depend on the type of drug. The quantity, and the frequency of the offense.
Penalties can range from a fine of less than $ 100, or a few days in prison, to penalties of thousands of dollars and several years in jail.
People who are convicted of possession of a controlled substance in the. The United States may face different types of penalties at sentencing, which also depend on the state where the offense was committed.
What are the penalties for drug possession?
Penalties for drug possession depend on the type of drug, the number of drugs held, and whether the crime was committed once. It is not as serious if a person commits a drug-related crime for the first time or is a repeat offender.
In 1986 federal lawmakers enacted mandatory guidelines and minimum sentencing standards for federal drug charges. This was done in an attempt to deter high-level distributors, but these penalties also hit defendants for less serious drug offenses.
These fixed sentences base their sanctions on the type of possession of controlled substances, the weight, and the criminal record of the person.
But the states have also adopted their rules. For example, Kentucky has mandatory minimum sentencing guidelines, and this state has very strict rules for sentencing drug possession cases. People who are charged for the first time can face between 2 to 10 years in prison and a fine of up to $ 20,000.
By contrast, the state of California has some of the lightest sentences for drug possession. These range from $ 30 to $ 500 in fines, or from 15 to 180 days in prison, depending on the possession charges.
Sometimes the prosecution offers deals to defendants that help lessen the sentence. If the accused individual assists in the case and assists in the capture of an organized crime leader, or in dismantling a network of related crimes, your attorney may be able to negotiate a more favorable sentence. But not all cases operate the same.
Sentences for simple possession of drugs are generally considered a misdemeanor. But the intention to distribute drugs, the cultivation or manufacture of controlled substances, can carry much stronger sentences since they could fall into the category of a felony. Contact drug charges lawyers in Van Nuys to get legal help.
What are the federal sentencing ranges for possession of a controlled substance?
These data are based on the ranges of recommended federal regulations on minimum sentences for drug possession. This information serves as a reference and recommendation; it is not a final determinant in a case. Consider that there are other influencing factors, such as other types of crimes involved, injured or deceased people, and there are also the rules by state.
The following are examples of possible jail terms that people serve when charged with drug possession after hiring drug charges lawyers in Van Nuys
Between 10 years or the rest of life (life imprisonment), if a person is charged with possession and attempted distribution of drugs [ 21 USC §§ 841 (b) (1) (A) and 960 (b) (1)]. And he had in his possession an amount of at least:
- 1 kilogram of heroin
- 5 kilograms of cocaine (powder)
- 280 grams of cocaine (base)
- 1,000 kilograms of marijuana or 1,000 plants
- 50 grams of pure methamphetamine, or 500 grams of mixed substances
Between 5 and 40 years, if a person is charged with possession and attempted distribution of drugs [ 21 USC §§ 841 (b) (1) (B) and 960 (b) (2)]. And he had in his possession an amount of at least:
- 100 grams of heroin
- 500 grams of cocaine (powder)
- 28 grams of cocaine (base)
- 100 kilograms of marijuana or 100 plants
- 5 grams of pure methamphetamine or 50 grams of mixed substances
Between 0 to 20 years for possession offenses of minor amounts [ 21 USC §§ 841 (b) (1) (C) and 960 (b) (3)].
What are special drug courts?
Many states have established what are known as special drug courts. These are programs for people charged with drug offenses and are under the supervision of a judge and drug charges lawyers in Van Nuys
These courts were created with the objective of rehabilitating the person who committed a drug-related crime (usually repeat offenders) rather than taking the case to trial.
If an individual accepts this program, they can attend 12-15 months of treatment sessions and undergo random drug testing, while appearing before the court judge on a regular basis.
If the person does not go to court or does not pass drug tests. They can be arrested and generally receive a short prison term.
It must be considered that all drug possession cases are different and the sentences vary according to the type of crime, the circumstances, and the number of drugs.
What Factors Influence Drug Possession Sentences?
Some of the most common factors that influence penalties for drug possession include:
- Mandatory minimum sentences
- The criminal record of the accused person
- The number of narcotics you had in your possession
- The type of drug
- Whether or not there was drug trafficking
Some states in the US have decriminalized the possession of marijuana and made it a simple offense (as well as a traffic ticket). While possession of cocaine or methamphetamine continues with the strictest penalties in most cases. state.
Even in other states, drug charges lawyers in Van Nuys have a certain degree of discretion and can impose a possession charge, fines, community service hours, and probation up to longer prison terms. An experienced drug charges lawyer in Van Nuys knows your constitutional rights and can help you with due process.
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