Drug possession charges and drug court

| Nov 13, 2020 | Criminal Defense |

When motorists are stopped for a traffic violation, this could lead to other criminal allegations. If law enforcement believes that a search is necessary or something is in plain sight, it could lead to drug possession charges. While this may seem like a simple offense, it could very well turn into a serious drug charge, as a certain quantity and other items could suggest sale, distribution or even trafficking of drug. Thus, it is important that those facing such charges fully understand their matter and what defense options are available to them.

Drug possession charges

Drug possession charges have a wide range of penalties. They could be as minimal as a fine for less than $100 and a few days in jail to a fine for thousands of dollars and several years in prison. The penalties for a drug possession charge are dependent on various factors.

Minimal penalties are associated with simple drug possession charges while the heavier penalties are associated with possession charges with the intent to distribute or when there are allegations for the cultivation or manufacturing of drugs.

Drug courts

Drug courts were instituted as a program designed for felony drug defendants as a means to rehabilitate defendants. These are often used for repeat offenders as a mechanism to rehabilitate them instead of taking the matter to trial. The judges have much control over the operation of drug courts, and when a defendant agrees to the drug court, he or she will likely spend 12 to 15 months attending treatment sessions while undergoing random drug tests and needing to appear before the drug court on a regular basis. The failure to appear or if a drug test is failed, he or she will be arrested and will often receive a brief jail sentence.

Initiating a criminal defense is not only a right afforded to accused offenders, it is the best way to ensure one’s rights are protected. The defense process can reveal issues with the traffic stop, search and seizure and even arrest; therefore, it could challenge evidence and aid in the reduction or even the dismissal of the charges altogether.