When police officers discover someone has illegal or controlled drugs on their person or in their home or vehicle, they may arrest them for drug possession. The severity of criminal charges depends on case specifics, such as the type of drug and amount in question.
A conviction could result in sentencing, including steep fines, probation, jail time, and more. You must take the case seriously and prepare to defend yourself against the charges if you face charges related to illegal substance possession. An experienced Manhattan drug possession lawyer understands your situation and could help create a powerful defense and advocate on your behalf. Consult one of our hard-working drug attorneys to learn more.
State laws classify controlled dangerous substances, or CDS, into five different groups, called schedules, with the first group having the highest potential for addiction. According to the categorizing guidelines, the substances have no current medical purpose. While most drug possession arrests result from Schedule One and Schedule Two drugs, arrest for carrying the others without a valid prescription can lead to legal trouble. Examples of Schedule One drugs include:
The first group has the most severe sentencing guidelines, and penalties increase substantially with each subsequent arrest.
Arrests and convictions for possessing drugs falling within the second category are the second most severe because they also have a high potential for abuse and addiction. However, people use them for medical purposes in some cases. Per the guidance of Kansas Statutes § 65-4107, CDS falling within this group include:
An attorney in Manhattan could go through each schedule in detail during the consultation in a drug possession case.
Schedule Three drugs are less likely to cause abuse than the previous two groups and may cause moderate or low dependence. For example, Ketamine and Vicodin fall within the third group. Schedule Four drugs have a low potential for abuse and include Xanax and Valium. Finally, Schedule V drugs have the least abuse and dependence potential and include Motofen and cough suppressants.
Sentencing for convictions for drug possession will depend on the arrest circumstances and the schedule of illegal substances. Sentencing for drugs such as Heroin depends on the amount the individual had when they were arrested. However, it is a level-one felony, and it could result in 14 months in jail for possessing less than a gram.
The time increases significantly for higher amounts. A conviction for possessing narcotics such as opiates or stimulants is a level-four felony offense and could mean paying costly fines of up to $100,000 and nearly four years of imprisonment. Lower-level convictions for small amounts of marijuana are misdemeanor offenses and could mean spending up to one year in jail. After researching the case details, a Manhattan attorney could answer specific questions about possible sentencing and defenses against the drug possession charges.
Facing charges related to possession of drugs is frightening and can leave you unsure about your future. Fortunately, there are options to defend yourself and reach a favorable outcome that has the least impact on your life and future as possible.
While the court date may be months away, it allows you more time to create the best potential defense, thus bettering your chances of overcoming the charges. Schedule a meeting with an experienced Manhattan drug possession lawyer this week to begin working on your case.
