Drug Crimes - An Overview
Drug crimes cover a broad range of offenses involving controlled substances, from
possession and sale to manufacture and distribution. These crimes involve violations
of federal or state law, or both. Depending on the particular circumstances of a
case, these offenses can result in a broad range of potential criminal and administrative
consequences, including probation, prison, property forfeiture and participation
in a court-ordered drug treatment program.
Though more severe charges typically result in harsher penalties, even less serious
charges, such as possession of a small amount of a controlled substance, may have
severe consequences, especially if prior convictions, firearms, activity near protected
zones (e.g., schools and parks), or minors are involved. If you have been charged
with a drug crime, consult an experienced criminal defense attorney from The Law
Office of Nicholas (Nico) LaHood in San Antonio, Texas to discuss your legal options.
Federal and State Drug Laws
The federal government has exercised control over the importation and manufacture
of drugs since the mid-1800s. In 1970, Congress passed the Comprehensive Drug Abuse
Prevention and Control Act, which took the place of numerous existing drug laws
and classified controlled substances into five categories (Schedules I to V), based
on their abuse and addiction potential compared to their therapeutic value. Also
known as the Controlled Substances Act, this law established regulatory requirements,
enforcement mechanisms and penalties for the unauthorized manufacture, distribution
or possession of controlled substances.
The most severe penalties involve drugs listed in Schedule I, with the least severe
involving Schedule V. Schedule I drugs have a high potential for abuse and no accepted
medical use, and include heroin, LSD and marijuana. Schedule II drugs have a high
potential for abuse and severe dependence, but have a currently accepted medical
use. Schedule II drugs include PCP, cocaine, methadone, and methamphetamine. Schedule
III drugs have less potential for abuse than Schedule II drugs, a potential for
moderate dependency and an accepted medical use. Anabolic steroids and codeine fall
into this category. Schedule IV drugs have less potential for abuse than Schedule
III drugs, a limited potential for dependency, and are accepted in medical treatment.
Schedule IV drugs include Valium, Xanax and other tranquilizers and sedatives. Finally,
Schedule V drugs have a low potential for abuse, limited risk for dependency and
accepted medical uses. These include drugs like cough medicines with codeine.
Most states have drug laws that mirror the Controlled Substances Act. Penalties
may be less harsh and more flexible under state sentencing schemes than under the
federal sentencing guidelines. In state court, a conviction of simple possession
may result in court-ordered drug treatment rather than jail, and probation may be
available to first-time offenders even for more serious crimes. However, lesser
offenses can result in severe criminal consequences depending on the particular
facts of a case or a defendant's prior criminal record. If you are facing a drug
charge, contact an experienced criminal defense attorney from The Law Office of
Nicholas (Nico) LaHood in San Antonio, Texas to discuss your case and the legal
options available to you.
Drug Crimes and Penalties
Drug crimes include a wide range of activities prohibited by federal or state statute,
including possession, sale, manufacture, distribution and trafficking, as well as
prescription fraud and forgery. Drug crimes include attempts and conspiracies to
commit any of these acts. At the federal level, participation in a continuing criminal
enterprise also exposes an individual to criminal liability. These crimes are very
specifically defined, and the government is required to prove a specific set of
facts before an accused person can be found guilty of any of them.
In addition, drug cases frequently involve the question of whether the evidence
was properly obtained by law enforcement. Evidence obtained in violation of an accused's
constitutional rights is not admissible in court. Most challenges to the admissibility
of evidence are based in the Fourth Amendment, which protects citizens from unreasonable
searches and seizures.
Drug courts operate or are being planned in all 50 states. While they vary from
state to state, these specialized courts emphasize treatment over incarceration
for defendants with substance abuse issues. Compliance with the imposed terms and
conditions (e.g., regular drug testing, participation in a treatment program) can
result in dismissal of charges, or suspended or reduced sentences.
When incarceration is involved, however, potential penalties escalate depending
on the nature and quantity of the drug at issue and the defendant's prior criminal
record. Certain offenses are grouped into classes and minimum and maximum sentences
for these classes are specified according to an accused's criminal history. Use
of these sentencing guidelines in federal and state court have long been controversial;
proponents maintain that guidelines ensure uniformity and fairness in punishment,
while opponents argue that they fail to offer the flexibility needed to consider
a defendant's unique circumstances.
If You Have Been Charged with a Drug Crime
Drug charges can have severe consequences, including forfeiture of property and
incarceration. Consulting with an experienced attorney for advice on how to proceed
is essential. If you are facing drug charges, a knowledgeable attorney at The Law
Office of Nicholas (Nico) LaHood in San Antonio, Texas can help you navigate through
the issues involved in this complex area of law.
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.
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