Drug Cases customarily fall into three categories:
- Drug Possession for Personal Use;
- Under the Influence of a Drug; or
- Possession of Drugs for Sale, Transportation or Manufacturing
The first two categories are normally misdemeanors that carry one year in the county jail and probation.
“Possession for Personal Use” cases normally vary in seriousness based upon the amount of drugs and the type of drug found. Obviously, the higher the quantity of drugs found the more serious the case. Also, some drugs such as cocaine and heroin usually signal a more serious case than marijuana.
Cases that involve large quantities of drugs and are alleging that the drugs were for sale are usually felonies that can expose you to State Prison Sentence.
Some of the factors that Judges and Prosecutors use to gauge whether the drugs found were for personal use or for sale are:
- Quantity of drugs
- Packaging of drugs; many similar sized packages or one package
- Empty packaging materials
- Scales or measuring devices
- Large amount of cash in small denominations
- The presence/absence of personal use paraphernalia
- Pay/owe sheets
- Pagers/ cell phones
The 3 things to keep in mind:
Your best shot at getting your drug case dismissed is to challenge the search or seizure of the drugs. This is done through a formal Suppression Motion to deny the admissibility of any “evidence” found in violation of your Fourth Amendment Rights. The Fourth Amendment governs every contact police have with a citizen. Having an attorney that is knowledgeable of and understands all the rights the Fourth Amendment gives you, and all the limitations it places on the police, is crucial in successfully defending against improper search and or seizure of “evidence.”
You need an attorney that is aware of the numerous classes and rehabilitation courses available in lieu of jail or prison time. Because Attorney Shaheen Manshoory and his associates have extensive knowledge with every possible program and class available, we provide mitigation packages that present those options to the judge, so that he or she will grant treatment instead of custody.
Having your attorney know your court and the prosecutors is as important as knowing the law in your case. Ideally, you want to choose an attorney that has practiced in front of those people that will make serious decisions on your case. Familiarity with the court and the people will undoubtedly put you in a much more favorable situation.
If you or a loved one is facing a drug charge, contact us immediately for a free case evaluation.