Seattle Drug Crime Defense Lawyers
Drug Charges Practice Page
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The Federal Bureau of Investigation's Uniform Crime Reports estimated that in 2002 there were a total of 1,538,800 state and local arrests for drug violations in the United States. If you are one of the many facing drug charges this year, it is imperative that you seek legal counsel at once.
Frequently Asked Questions about Drug Charges
Q: What does a "grand jury" do in a drug case?
A: A grand jury is a group of people called together by the prosecutor to gather information about suspected criminal activity by listening to testimony from witnesses and examining documents and other evidence. At the end of the proceeding, the grand jury decides whether there is enough evidence to put the defendant on trial for the drug charges. Grand juries are more likely to be convened in connection with more serious and complicated drug crimes, like conducting a drug-related criminal enterprise.
Q: How does the prosecutor decide which drug cases to pursue?
A: The first thing the prosecutor looks for is a legally sound case, or one without any obvious defects that will get it thrown out of court, such as violations of the defendant's constitutional rights or destruction of evidence crucial to the defense. The prosecutor next decides if there is enough evidence, with regard to both the quantity and the quality thereof, to make conviction probable. Finally, the prosecutor decides if prosecuting the case fits in with the office's policy objectives, or whether a more informal disposition, like drug counseling or treatment, may be in order.
An Overview of Drug Charges
Within the wide range of offenses which are considered drug charges, the penalties vary greatly depending upon many factors. For example, the consequences associated with a charge of simple drug possession with a small quantity of certain narcotics, will most likely be much less severe than the consequences associated with drug manufacturing, drug trafficking or being involved in some type of drug enterprise.
Nonetheless, even a minor drug charge is a serious situation and places you at risk for penalties if you are convicted. If you have been charged with a drug related offense in Washington and would like answers to your case related questions, contact McNeese & Trotsky, PLLC today to discuss your Seattle drug crime case with a skilled Tacoma drug crime defense lawyer. We have years of experience defending clients in drug cases and can aggressively defend your legal rights.
The Drug Abuse Prevention and Control Act was passed by the Federal government in 1970, resulting in a complex federal drug law which classified drugs into five different categories (know as schedules). Within each schedule is a list of substances which are strictly regulated, as well as the penalties for misuse of the substances. According to the Act, the U.S. Attorney General is allowed to add additional drugs to the schedules at any time necessary.
- Charges involving substances listed in Schedule I or Schedule II are typically the most serious, and usually result in very severe legal repercussions, if found guilty. Within Schedule I can be found substances, such as heroin and LSD, which are considered to have a high potential for abuse, no medical purpose and pose extreme danger to the user even under the supervision of a medical professional.
- Opium, methadone, and cocaine are substances which can be found in Schedule II. These substances place the user at risk for psychological or physical dependency, although in certain circumstances are allowed to be used for medical purposes.
- Substances which are categorized in Schedule III, such as Nalline, have a reduced potential for abuse than those substances in Schedule I or II, and pose a moderate physical or psychological dependency.
- Substances found in Schedule IV are accepted in medical treatment and pose a decreased threat for potential abuse and dependency than substances in Schedule III. Certain tranquilizers and sedatives are generally categorized in Schedule IV.
- Substances in Schedule V have a low potential for abuse and dependency and are accepted for medical use. Drugs which include codeine in their formula may be categorized in Schedule V.
Many states have their own drug laws which are very similar to Federal drug laws. Generally state drug laws have penalties which are not as severe as those in Federal law, and the sentencing tends to be more flexible.
Federal sentencing guidelines are very complicated and begin with over forty base offense levels related to drug charges. If you have been charged with a serious drug offense, it is crucial that you hire an aggressive Seattle drug crime attorney who has a great deal of understanding in all areas of State and Federal drug law. Depending upon the charges held against you, you may be facing jail time and/or expensive monetary fines. A skilled Tacoma drug charge lawyer may be able to have your charges dropped, or negotiate to receive a reduced or alternative sentence, such as drug treatment rather than jail time.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.