Defenses to Narcotics Charges
Narcotics charges can have a number of consequences. For example, you may be arrested for simply possessing a controlled substance, or you may be charged with delivering or manufacturing the substance. In either case, the crucial element is the defendant's intent. Read on to learn more about the various defenses to narcotics charges. If you're an immigrant, you may have specific consequences due to a drug charge.
Penalties for possession of a controlled substance
Possession of more than one gram of marijuana can land you in jail. Penalties for possession of this substance vary, depending on the type of substance, its schedule, and the amount you've got in your possession. For example, if you have two hundred grams of marijuana in your possession, you could face a five-year prison sentence and a fine of up to $10,000.
In Texas, drug possession penalties are grouped into four groups, from Group One to Group Four. Group One drugs carry the strictest penalties. The penalties decrease as the drug becomes less addictive and dangerous. Each drug possession charge is different, but each one will result in a significant fine and/or jail time.
Penalties for possession of a controlled substances vary by state, but they are generally much stricter if the substance is sold or distributed to minors. In addition, repeat offenders can face harsher penalties. Also, if the drugs were distributed near a school, youth center, park, or public housing, there may be increased penalties.
Penalties for drug trafficking
If you are caught with a small amount of illegal drugs, the penalties for drug trafficking can be relatively low. However, if you are caught with a large amount, the penalties can be much more severe. A first-time conviction for drug trafficking can land you in prison for five to 30 years. Similarly, a second-time conviction can land you in prison for twenty years or more. In addition, the government can seize the assets associated with your drug sales. Additionally, you can lose your federal benefits for five years after a conviction. And, you'll lose your rights to receive benefits for 10 years or more if you're caught with a second offense.
Penalties for drug trafficking vary depending on the amount of drug trafficked and the weight and measurement. Possession of more than the legal limit of the drugs can result in higher penalties, including life imprisonment. For example, if you were caught with an overdose of the stimulant ecstasy, you'll be sentenced to a long prison term. And, if you are caught with a large amount of cocaine, the penalty may be even more severe.
Defenses to narcotics charges
Defenses to narcotics charges include lack of intent and reasonable doubt. Lack of intent is a common defense that can be used in cases where the accused was not in full control of drugs they possessed. Involuntary intoxication is another defense that can be used in a case where the defendant did not knowingly possess the drugs.
A good defense attorney can help a defendant prove that they were not aware that the drugs were on them. While the state does have minimum quantity requirements for the production and sale of certain drugs, this doesn't mean they were not yours. In Texas, a person is not considered guilty if they were unaware that the drugs they possessed were illegal.
In addition to a person's innocence, the prosecution must prove that the drugs were indeed in his possession. For example, if the drugs were seized from a hotel room with four other people, the police cannot claim they were yours. Thus, it is crucial to present an alibi witness that demonstrates that the defendant was not at the scene of the crime. In addition, another defense strategy is to challenge the prosecution's case. There is a great deal of evidence that can be used to show that a defendant is innocent of the charge and that the prosecution's case is not based on fact.
Immigrant consequences of drug charges
Drug charges have wide-ranging implications for immigrants and their families. For example, a drug conviction can mean deportation, which can take away everything in this country, including family members and friends. That's why it's critical to retain the services of a good New York criminal defense attorney who is familiar with immigration law. They will fight to get you the best possible result in your case that avoids deportation.
Human Rights Watch has long advocated for reforms to the US immigration system, including a more humane and fair treatment of drug offenders. The organization has documented the impact of deportation and family separation on immigrants and their families. It has also written a report about the ramifications of drug convictions for non-citizens. The report argues that the current categorization of drug offenses can create a disproportionate effect on immigrant communities, and that drug sentences can be unjust and unjustly harsh.
Some people who come to the United States as refugees are also facing deportation because of drug convictions. Marion Scholz, an Ethiopian refugee, is one example. She came to the US when she was 12 years old. At the time of her conviction, she had only been selling small quantities of cocaine. Now, at age 26, she has married a US citizen and has two children in the US.