Charges will usually be based on such variables as the amount of drugs in possession, the ultimate intent (to sell or distribute), or whether or not the accused was carrying a weapon. You may be charged with possession with the intent to sell even if you have a relatively small quantity depending upon other factors.
It is vitally important that you attain the services of a qualified defense firm that will work to keep you out of jail. If you are convicted of the “sales” charge, mandatory jail time is involved. However, there are creative sentencing alternatives that do not include actually serving time in jail.
The firm will come up with an alternative sentencing option and strive to keep you out of jail. We are successful in preventing our clients from serving a jail sentence in 99 percent of our cases.
Reducing the charge to a possession case rather than “possession with the intent to sell” is often achieved, depending upon the circumstances of the case. Your case may require legal motions such as motions to exclude evidence based upon lack of probable cause or an invalid warrant. There are other legalities involved that could make the difference between your freedom and jail time.
You have constitutional rights that should not be ignored. If drugs were found in your possession by police officers, without a valid warrant, and without a valid exception, your charges could be dismissed entirely.
Alternatively, there are many ways to defend against a drug offense that does not include a sentence of jail time. If you are charged with possession for sales, it does not mean the district attorney has enough evidence to win at trial.
Often, cases do not proceed to trial, either because the evidence against you is not substantial, or it is in your best interest not to go to trial. An attorney that is experienced in this area will advise you of both the positive and the negative aspects of your case. It is our goal to provide you with the best defense possible, under the circumstances of your specific case.
If you have previously been convicted of a drug offense, full knowledge of the law in this specific area is essential because it could make the difference between your freedom and jail. We already know you don’t want to go to jail. You need an attorney to do everything in his/her power to prevent your loss of freedom.
If you have already completed a drug program, it does not necessarily mean you don’t get another chance. The key is to have an attorney that knows how to keep you out of jail if a drug case is filed against you. You may face county jail or state prison. The firm handles all drug cases, regardless of the quantity of the substance, or the circumstances of your case.
The law provides for harsher penalties for cases that involve a certain weight of a controlled substance or marijuana. Accordingly, there are more severe penalties if you are also charged with possession of a firearm.