Drug Possession

Drug Possession: What does it mean?

Few crimes are as difficult to fight as drug possession.

There are many different scenarios that can lead to a drug possession charge and penalties. Being in possession of certain types of drugs can violate both state and federal laws in some circumstances which means the penalty will include jail time. If you have been arrested on drug possession charges, you will most likely need a bail bondsman to help you get out of jail. When you obtain services from a bail bondsman, you will pay a small portion of the bond placed on your case and be able to bond out of jail until your trial with the guarantee you will return for trial. Below is an overview of drug possession laws and the penalties they carry.

What Is Drug Possession?

You can be charged with drug possession if you are in possession of certain controlled substances such as:

  • Cocaine
  • Methamphetamine
  • Marijuana
  • LSD
  • Xanax
  • Ecstacy
  • Heroin

Drug Paraphernalia

Drug possession charges may also include drug paraphernalia such as:

  • Crack Pipes
  • Bongs
  • Syringes

Vehicles And Drugs

Many drug possession charges arise from a motorist being searched after being pulled over for another infraction. The driver can be charged in many instances if their passengers are in possession of drugs or when drugs are found in undisclosed areas of the vehicle. In order to make a drug possession charge stick, prosecutors must prove the driver knew the drugs were in the vehicle.

Types Of Drug Possession Charges

Drug possession charges typically fall under 2 different categories:

  • Simple Possession

This charge is filed when a person has a small amount of drugs in their possession which are meant for personal use.

  • Possession With Intent To Distribute

This is a more serious drug possession charge and is used when a person has a large amount of drugs meant for sale to others.

Drug Possession Penalties

The penalties for drug possession can vary from state-to-state. Just how severe the penalties are depend on the type of drugs found, the history of the person charged and the circumstances surrounding the case. Some of the basic penalties for those charged with drug possession are:

  • Jail Time

Drug possession comes with jail time in every state in the U.S. The length of jail time depends on the criminal history of the person charged, the type of drugs found and the laws in that state. Jail time can range from a few days in the county jail to more than 10 years in state prison.

  • Fines

Fines will be assessed for those convicted of drug possession. These fines can range from $100.00 to fines well over $100,000.00.

  • Diversion Programs

Diversion programs are often offered to first time drug offenders. Most diversion programs work in a similar way to probation. The drug offender enters rehabilitation as ordered by the court for at least 6 months. If rehabilitation and all the terms set forth by the court are met, the prosecutor drops the drug charges.

  • Probation

Probation may be offered alone or after completion of jail time, rehabilitation and other terms set forth by the court. While on probation, drug offenders must check in regularly with their probation officer and complete all terms of the probation to avoid jail time.

  • Behavior Modification Or Rehabilitation

Drug offenders may be offered rehabilitation instead of jail time, depending on the type of drug charges and the circumstances surrounding their arrest.

Being charged with drug possession can have a negative impact on every aspect of a defendant’s life. If you or someone you care about is facing a drug charge, it may be best to seek the advice of an experienced criminal defense attorney.

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