One of the most frequent Drug Crimes charges that make their way through the courts involve the charge of possession of a controlled substance. heroin Simple possession is a step below the charge of possession of a controlled substance with the intent to deliver (PWID), therefore it carries with it a lighter sentence typically involving fines, probation, and sometimes admittance to an ARD program depending upon the county. The difference the two charges is that with the charge of simple possession it is assumed that the substance is in the person’s possession for the purposes of personal use. Due to the fact that it is really hard to prove what someone’s intentions are with the drugs, the evidence for simple possession is usually circumstantial. Similarly, to PWID, there are a number of factors that the police and prosecutors look for. The first factor is the amount. Depending on the drug, the amount that constitutes simple possession varies. For cocaine, it is any amount under two grams. For heroin, it is any amount that is under one gram. Because of the effort to decriminalize marijuana, typically if you are found in possession of marijuana you are charged with a separate charge from simple possession that carry with it an even lighter sentence.
It should be noted with regard to drug crimes charges such as Possession of a controlled substance that while the amount or quantity of the drug is important when considering whether the drug charge should be a misdemeanor or felony, the closer you are to the threshold of being bumped up to PWID the chances of being charged with PWID increase. medical marijuana For habitual users, stockpiling the amount in your stash is not the best idea. Another factor that police and prosecutors look for is if there is any paraphernalia found along with the substance. The presence of paraphernalia would indicate that the person intended to personally use the substance. Because the two charges are similar and the evidence needed to prove both are typically circumstantial, it is important to have adequate legal representation if you have been charged with either of these crimes. The experienced attorneys at the Law Offices of Kelly and Conte have handled numerous cases involving drug related charges and will fight to help you receive the best resolution of your case.