Determining Factors of Drug Possession Charges and the Negative Effects of Drug Abuse
A drug-related offense is a crime that is associated with drug possession charges. These offenses can be manufacturing or distributing illicit substances. These substances are determined as drugs that can be abused aside from its medical purposes. Drugs like heroin, cocaine, amphetamines, and morphine are controlled substances that will be abused by people illegally possessing it. Other drug cases like drug production and trafficking are presumably controlled by gangs, illegal groups, and drug cartels.
Drug possession charges carry lighter sentences compared to a person charged with possession of a controlled substance with intent to deliver. Distributing illegal drugs is a major factor as to the type of convictions a defendant may get.
Substance abuse and addiction are some of the main problems that are connected to drug-related offenses. The drug epidemic has been rising thanks to the rampant criminality of selling and distributing illicit substances. The United States is affected by an opioid epidemic. An opioid is a drug type that's formulated to duplicate opium properties to scale back pain. Prescription painkillers like hydrocodone, oxycodone, and morphine are part of the opioids. Illegal substances like heroin and fentanyl are also included in the opioids category.
There are several jurisdictions within the US where benzodiazepine is usually misused by criminal detainees. The increase of misapplications of the benzodiazepine drug by criminal detainees has passed the numbers of misused utility of the opiates.
Is drug possession a felony?
A drug crime is often charged as a felony or misdemeanor. The charges are heavily dependent on the drug type and amount involved. Other considerations include the intention to deliver or distribute can affect the type of charge a defendant may get. Drug convictions on felony carry heavier sentences and penalties compared to a misdemeanor. Felony drug charges include hefty fines, jail time, and probation.
Determining Factors Leading To A Misdemeanor or Felony Charge
It is important to understand that anyone facing criminal charges must know the determining factors to get drug possession charges. There are certain determining factors that could make the possession charge a misdemeanor or a felony. If the possession crime only includes a little quantity or lesser dangerous drugs, the drug charges are often an easy misdemeanor. However, the charges are often raised to a felony if the drug type is more dangerous with heavier complications, as well as having a huge quantity in possession, and intent to sell the substances. Another factor is the state where offense was done.
Negative Effects of Drug Abuse
Certain drug types have a more negative effect on an individual. Some drugs can make an individual more violent or lose their ability to deduce right and wrong. Benzodiazepine users likely become more violent and have much contact with the police versus opiate abusers. Illegal benzodiazepine came from legitimate and licensed doctors but it got leaked to the illegal trade of drugs due to offenders going to different doctors and getting prescriptions.
Doctor shopping isn't an illegal practice as people would use this method to get more medical opinions from various doctors. It becomes an issue if an individual visits multiple doctors to get prescriptions which will be used for illegal purposes.
Drug abuse of certain substances can cause an individual committing crimes as heavy as murder and rape. This is often the rationale why the state and even federal laws are ensuring the security of the general public by mandating legal restrictions on controlled substances.
Drug Defense Lawyers
If an individual is charged with possession, it's important that he or she works with a reputable and experienced drug defense lawyer. A lawyer can determine the proper defense strategies which will be applied to the case. Some lawyers would use procedural errors, statements, and evidence to negate the prosecutor’s case.
The defense attorney serves two functions during the investigation phase of the legal process. The defense attorney is about to help the defendant in gaining exonerating evidence which will also protect him or her from any violations of his rights at the hands of law enforcers. The system grants the defendant to be assisted by an attorney. It's a right that the defendant can have a lawyer before any police interrogation takes place. In this way, the defendant will not incriminate himself or herself.