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Drug Charges - An Overview

Drug charges cover a broad range of offenses, from the less severe, such as simple possession of a small amount of certain drugs, to the more serious, such as participation in an ongoing drug-related criminal enterprise or manufacturing and distributing drugs. Even minor charges can be terrifying, however, and carry the risk of serious penalties upon conviction; the more serious charges, of course, can give rise to even graver consequences. An experienced criminal defense attorney can take some of the terror out of drug charges by answering questions and guiding an accused offender through the complex legal maze that awaits.

Federal Drug Charges

The United States judicial system is divided into state and federal courts. Whether a person accused of a drug-related crime is prosecuted in the federal or state criminal system depends on what laws were violated and the policies and procedures of each court system. Out of the millions of felony prosecutions filed each year, only about three percent are filed in the federal system. Often a particular criminal behavior will violate both a state and a federal law, and drug charges are no exception. In theory, the offender could be prosecuted in both systems for the same criminal activity, but in practice this rarely happens. Most federal and state prosecutors divide up criminal charges based on availability of resources, which statute most closely fits the criminal conduct, available punishment in each system, and each system's policy considerations. If accused of a drug charge, it is crucial to contact an attorney who understands both systems through long experience.

Searches and Seizures in Drug Cases

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The Fourth Amendment of the Constitution protects an individual against unreasonable searches and seizures of his or her person or property. A search may involve an inspection of the person or his or her surroundings or property, and seizure refers to taking the person or property into police custody. Usually, but not always, if a seizure is invalid, it is because the seizure was preceded by an invalid search. The Fourth Amendment of the Constitution protects an individual against unreasonable searches and seizures of his or her person or property. A search may involve an inspection of the person or his or her surroundings or property, and seizure refers to taking the person or property into police custody. Usually, but not always, if a seizure is invalid, it is because the seizure was preceded by an invalid search.

The Role of the Grand Jury in Drug Cases

The Fifth Amendment to the U.S. Constitution mandates that charges for all capital and "infamous" crimes be brought by an indictment returned by a grand jury. The Amendment has been interpreted to require an indictment to charge all federal felonies, including federal drug charges, unless a defendant waives his or her right to be indicted. The Supreme Court has concluded, however, that states are not bound by this part of the Fifth Amendment. Although legal counsel for the person at the center of the proceedings and for witnesses testifying in front of the grand jury cannot be in the grand jury room, an experienced criminal law attorney can provide advice outside of the presence of the jury and explain the grand jury process, taking some of the mystery and terror out of this procedure.

Why Treatment May Be Better than Incarceration for Drug Offenders

According to the Bureau of Justice Statistics, it costs a national average of over $20,000 per year to incarcerate a criminal offender. With about 150,000 inmates currently incarcerated on drug possession charges, the United States is spending nearly $3,000,000 each year to imprison these people. Research has indicated that every dollar invested in addiction treatment programs yields a return of between four and seven dollars in reduced drug-related crime, criminal justice costs, and theft. With such impressive savings at stake, more courts are looking at drug treatment versus imprisonment when sentencing drug offenders. Experienced criminal law attorneys can describe the treatment options available to drug offenders in their states and push for those options instead of imprisonment.

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When can the police conduct a search of my property?

There are rules and regulations that surround police searches. The police can search your home, property, car, or financial records if they have probable cause to believe that they'll find evidence of a crime, and therefore receive a search warrant issued by a judge.

But in some situations, the police can also conduct a search without a warrant. If, for example, a potential piece of evidence is sitting out in the open, where there is "no reasonable expectation of privacy," then the police aren't required to have a search warrant to conduct a search. They also don't need a warrant if you voluntarily agree to a search. Many people have let the police search when they didn't have to, because they didn't know they had the right to refuse. It is easy to misstep and hurt your case, but a criminal defense attorney will be able to give you the explicit details of search and seizure laws as they pertain to your case.

A right to a "speedy trial." What does that mean exactly?

The 6th Amendment guarantees that "in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury..." But there isn't a specific Constitutional guideline to determine what exactly constitutes a "speedy trial." Some jurisdictions have established set time periods within which a criminal case must pass through the system. Cases that exceed these time periods-without good cause or delays at the request of the defendant-may be dismissed for that reason alone.

In jurisdictions without specific time limits, the courts typically consider the actual passage of time and reasons for the delay, how the delay may impact the case, and the defendant's assertion of his rights to a speedy trial. The seriousness of the charges and possible consequences can also impact the trial judge's analysis, though this is not a consideration set forth by the Supreme Court.

When do I have the right to a trial by jury?

Any crime that may be punished by imprisonment for more than six months automatically triggers the right to a trial by jury, no matter what the offense is. While there isn't a universal definition of the term, those crimes determined to be "petty offenses" don't necessarily warrant a trial by jury. The number of people on the jury can vary also, depending on the state and the seriousness of your crime. Usually a jury of twelve must return a unanimous vote, though the U.S. Supreme Court has approved decisions by some states to accept verdicts that are not unanimous. If the court uses a jury of 6, though, the verdict must be unanimous.