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4 questions that matter when a drug charge is involved

On Behalf of | Oct 11, 2024 | Drug Crimes

Suspects arrested for drug possession can face serious charges, including incarceration and fines. These charges can have lasting effects on people’s lives, such as limiting housing, job and education opportunities. 

During a drug possession trial, the court may consider several factors before charging a defendant. Here is what you should know: 

1. What was the severity of the drug?

Drugs are given categories called schedules. There are five different drug schedules. These schedules determine whether a drug is safe to be used by the public or has no medicinal value. When a drug has the potential for abuse, it is usually given a higher drug schedule. Possession of higher-scheduled drugs can potentially lead to more serious charges. 

2. How much of the drug was found?

Another factor the courts may consider is the quantity of a substance that was found in someone’s possession. A defendant could face harsher punishments if they were in possession of high quantities of a substance. However, a small dosage of a high-scheduled drug could also lead to harsh punishments.  

3. What was the intended use of the drug?

Drug possession charges may be different for individuals depending on what they intend to do with a substance. Possession of an illegal substance for recreational use could lead to lesser charges than if a defendant was selling a drug. Furthermore, selling an illegal substance to a minor or on school property could lead to harsher punishments.

4. Does the defendant have a criminal history?

One of the biggest factors that can affect a drug possession charge is whether a defendant has a history of criminal activity, particularly involving drugs. Previous convictions can double or triple criminal punishments. 

A strong defense strategy can help mitigate drug possession charges. Legal guidance is essential from the start.

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