Drug-related crimes are some of the most commonly prosecuted criminal offenses in the United States. It is possible to face a wide range of penalties for all types of drug offenses in the state, from simple possession of a controlled substance to drug trafficking. Whatever your case entails, it is vital to have trusted defense counsel on your side. An experienced Hinesville drug crimes lawyer can help you in this challenging situation.
Every American citizen has two crucial constitutional rights that come into effect upon arrest for any criminal offense. First is the Fifth Amendment protection against self-incrimination. You have the right to remain silent upon arrest and are under no obligation to answer any questions from the police. Comply with arresting officers and exercise this right to remain silent until you are able to exercise your Sixth Amendment right to legal representation.
A Hinesville drug crimes lawyer is the most important asset you can have on your side when charged with any type of drug-related criminal offense. Even if you were wrongfully charged for a crime you did not commit, do not assume you can explain your way out of the situation. The police have no incentive to help you and will use anything you say against you in court. Your attorney can help formulate the most effective possible defense.
Jarrett Maillet, J.D., P.C., can provide comprehensive defense counsel in your impending criminal case for any type of drug offense in Hinesville. Our firm is dedicated to client-focused and responsive defense counsel, and we can carefully examine the details of your situation to help determine your most viable defenses. Contacting our firm right away after arrest provides us with the maximum time to start building your defense.
Every state enforces unique statutes pertaining to drug-related offenses, and the state enforces some of the harshest. It is illegal to possess any amount of a controlled substance or illicit drug, such as heroin, methamphetamine, cocaine, marijuana, or certain prescription medications for which you have no prescription. Simply being caught with illegal drugs on your person amounts to a simple possession charge.
If a defendant is also caught with large amounts of cash, measurement devices, and other materials indicating they intended to sell illicit drugs to others, their charge is likely to escalate to possession with intent to sell. This incurs greater penalties, and if they cross county lines with the intent to sell drugs, they can face trafficking charges. Like most other criminal offenses, it is possible for drug crimes to be charged as misdemeanors or felonies.
The Schedule of the drug is a major factor for consideration in every drug crime case. The Drug Enforcement Agency (DEA) of the United States establishes the Schedule to outline the level of risk associated with known illegal drugs and controlled substances. The higher the Schedule, the more severe the penalties for associated drug crimes. For example, heroin is a Schedule I controlled substance.
In a criminal case involving drugs, the severity of the defendant’s charges and the potential penalties they face depend on aggravating and mitigating factors. Aggravating factors work against the defendant, increase the chance they face harsher charges, and generally lead to more severe penalties. Mitigating penalties work in the defendant’s favor and potentially opens the door to lighter penalties and/or reduced or dropped charges.
Having a substance abuse disorder is not a viable defense against drug-related criminal convictions in the state, though such issues could potentially help defendants secure lighter sentencing in some cases. Commonly asserted defenses in drug crime cases include lack of intent, no knowledge of the drugs, or mistaken identity. For example, if someone left drugs in your car without your knowledge, you would need to contend that they did not belong to you.
If a person is convicted of drug-related crimes in Hinesville, they potentially face very heavy fines, incarceration, community service, and mandatory substance abuse treatment. In some cases, prosecutors will negotiate plea deals with defendants, but this is never guaranteed. An experienced Hinesville drug crimes lawyer can help their client determine whether they have grounds to fight their charges or if seeking a plea deal would better suit their interests.
Jarrett Maillet J.D., P.C., can carefully review the details of your arrest and booking to make sure the police followed the laws of due process and upheld your constitutional rights. If we notice any procedural failures, we will do everything we can to capitalize on these issues and make sure they are given appropriate consideration in the courtroom.
In every criminal case, the prosecution faces the burden of proving guilt beyond a reasonable doubt, and it is up to the defense attorney to prevent them from accomplishing this.
Your defense attorney can secure exculpatory evidence, prove your rights or due process were violated, and attack the credibility of the prosecution’s evidence. Our team can work diligently to uncover exculpatory evidence in your favor and any other mitigating factors that may help you avoid the worst possible penalties for conviction.
Some people are charged with drug crimes because of substance abuse disorders. If you were arrested because you struggle with addiction, we may help secure alternative sentencing in the form of mandatory substance abuse treatment and counseling in lieu of jail time. Defendants are likely to qualify for such opportunities only if they do not have prior convictions, are cooperative with police, and express genuine remorse for breaking the law.
Ultimately, you may have more defenses available to you in your impending case than you initially realize. While no defense attorney can ever promise a specific result to any client, Jarrett Maillet J.D., P.C., can promise compassionate support and responsive guidance through every stage of your impending case. Contact our firm today and schedule your consultation with an experienced Hinesville drug crimes lawyer to learn how we can help you.