If you are convicted of selling drugs, it can lead to mandatory minimum sentences, where you may not be given the option of a lighter sentence or probation. The penalties for drug possession are higher if you are arrested within a school zone, or are charged with the intent to distribute near a school.
Each state has its own drug laws to penalize a person who attempts to sell illegal, controlled substances like methamphetamines, crack cocaine, heroin, marijuana and LSD. Drug distribution charges can be proven if you knowingly transported drugs from one place to another. Drug distribution is a crime under both state and federal law, so it is important to have a qualified criminal defense attorney with experience handling drug distribution cases fighting for your rights.
Drug Distribution Penalties
Punishments vary by state, the amount of drugs in possession, the type of drug and whether minors were involved. You can be charged with conspiracy to distribute drugs if you were involved a group that dealt with illegal drug activity.
Distribution of large quantities of narcotics can result in drug trafficking charges. Prosecutors may also have the option of charging drug offenses in federal court where there is a higher likelihood of a longer sentence after a conviction.
If you were arrested within 1,000 feet of a school, two years (minimum) will be added to your sentence. This does not mean that you are dealing to school-age children – the mere fact that you are in close proximity to a school is a sentencing factor under the law. If you receive this charge, be sure to find an experienced, persuasive drug distribution attorney. Not only do you need a criminal defense attorney who can negotiate a favorable plea bargain, but your attorney may ultimately need to convince a jury to find you not guilty for that charge and others.
Pretrial and Trial Defenses
When the evidence used to implicate you was obtained through a search and seizure, you have specific rights under the Fourth Amendment. For example, if the police seized evidence such as computers, drugs or cell phones without a warrant, then your attorney may be able to get that evidence thrown out. The police could have also made a mistake in obtaining the search warrant, or failed to take the proper steps when executing it. Any misstep on behalf of law enforcement could be grounds for a motion to dismiss or suppress certain evidence. Obviously, suppression of key pieces of evidence supporting the State’s case will increase your chances to avoid a conviction and/or get a more favorable plea bargain.
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