22 Feb 2024

Criminal Defense
Recent data shows that nearly 1.16 million Americans are arrested annually for drug-related offenses. Drug crimes come in many different forms based on intention and quantity. Each crime has its own set of rules and consequences in the eyes of the law. Knowing what you’re up against when it comes to drug crime laws is crucial. Why is it important to understand these laws? Because knowing the law helps you avoid breaking it. Also, knowing your rights and options helps you maintain and defend your innocence should you find yourself facing charges. The attorneys at Lermitte & Lubin, LLC can explain the various drug crimes, their implications, and the potential consequences of being found guilty of committing them.

The Different Types of Drug Crimes

Let's start with a brief overview of the five most common types of drug crimes.

Drug Possession

Drug possession charges are given to individuals who have been found with illegal drugs on their person (actual possession) or in a place they control, such as their car or house (constructive possession). There's a thin line between having drugs for personal use and having enough to sell. The first might land you a fine or a warning, but the latter, known as possession with intent to distribute, could put you in prison for a significant amount of time.

Drug Trafficking

Drug trafficking is a major part of the illegal drug trade, involving the sale, transport, and distribution of drugs on a large scale across borders and through cities. The most common, yet very dangerous drugs involved in trafficking include cocaine, heroin, and methamphetamine. Because of its scale and impact, the types of drug crime penalties for trafficking are much more severe than those for possession. The law sees trafficking as one of the main engines driving the country’s drug problem, so the penalties are significant. If you're caught trafficking drugs, you'll likely face serious time—years, sometimes decades, in prison.

Drug Manufacturing

Every dose of a controlled substance illegally purchased, consumed, or possessed was made by someone. Sometimes, the manufacture of certain drugs is legal, even if they’re not meant for distribution. But more often than not, drug manufacturing is highly illegal. Examples include meth labs and marijuana farms set up in secluded areas. Penalties for drug manufacturing typically depend on how big the operation is and what kind of drug is being made. Small-scale setups might face lesser charges, but if you're running a large operation or manufacturing highly dangerous substances, there is a very good chance that you will face serious time and the charges will become part of your permanent criminal record.

Drug Distribution

This is probably the most common type of drug crime prevalent today. Drug distribution bridges the gap between the manufacturer and the end user. It is a critical piece of the drug trade puzzle, closely tied to both trafficking and manufacturing. Drug crime laws hit hard on distribution because they keep drugs flowing on the streets. If you're caught distributing, expect heavy penalties such as serious jail time and big fines.

Drug Paraphernalia

Drug paraphernalia can be defined as any item used to produce, conceal, or consume a controlled substance. It may include:
  • Roach clips
  • Spoons
  • Pipes
  • Needles
  • Syringes
  • Clear plastic baggies
  • Razor blades
  • Scales
  • Vials
  • Lighters
  • Dugouts
  • Bongs
While state laws vary, possession of drug paraphernalia is usually considered a misdemeanor. However, it can be classified as a felony if the materials are linked to the manufacture/distribution of a controlled substance, like methamphetamine.

Legal Defenses Against Drug Charges

When facing drug charges, you have a few defenses to consider. One common defense is that the police performed a search without the right to do so, known as illegal search and seizure. If they didn't have a warrant or a good reason, the evidence they found might not be allowed in court. Another defense is entrapment. Entrapment occurs when law enforcement officers encourage, persuade, or trick someone into committing a crime that they otherwise wouldn't have committed. The key point here is that the idea of committing the crime must come from the police, not from the person accused of the crime. If an officer or someone working with the police pushes you into selling or buying drugs when you had no intention of doing so, that could be entrapment. Navigating drug crime laws can be overwhelming, especially when you’re dealing with the stress of being accused. Having a drug crime lawyer who knows their way around drug laws can make a huge difference. They can look at your case, determine if the police did everything by the book, and help build a strong defense for you.

Contact the Drug Crime Attorneys at Lermitte & Lubin, LLC

Stay informed about drug crime laws, understand the risks, and always seek professional advice if you're charged with a drug-related crime. It's your best bet for protecting your rights and navigating a path to the best possible outcome. Remember, if you ever find yourself facing drug charges, you’re not without defenses. Illegal search and seizure, entrapment, and other legal strategies can be powerful tools in your arsenal. All you need is a knowledgeable drug crime lawyer, like those at Lermitte & Lubin, fighting for your rights. Facing drug charges? Don't let fear and uncertainty dictate your next steps. At Lermitte & Lubin LLC, our team of experienced criminal defense lawyers is here to guide you through every twist and turn of the legal process. With a deep understanding of drug crime laws and a commitment to defending your rights, we're ready to stand by your side. Contact us for a free consultation, and let's start building your defense together.

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