If you have been arrested for a drug-related offense, it is critical to have an experienced defense lawyer on your side. At Mark D. Kelly Criminal Defense, we have experience successfully challenging 4th amendment and search and seizure cases. When we can suppress the evidence that is being used against a suspect for drug possession, we can get a very good outcome for our client. Contact us today for a consultation regarding the charges against you or a loved one. We can help you fight the evidence against you, work with the prosecution and get the best possible outcome from your drug charge situation.
Drug offenses are some of the most serious types of crimes that a person can face. Those who are convicted of a drug crime could face jail time, steep fines and other penalties that can impact their future. In some cases, the penalties for drug crimes can be even more severe depending on the circumstances of the crime and the criminal history of the defendant. Therefore, anyone who has been charged with a drug crime needs to hire a criminal defense attorney as soon as possible to protect their rights and fight for the best possible outcome for their case.
The three main types of drug charges someone could face are as follows:
It is also possible for the police and the prosecutor to file a separate forfeiture action. This is not a part of your criminal charges. Instead, it is a civil action in which the government is attempting to keep property or money they have taken from you. In some instances, a forfeiture action is actually used to gain title to your real estate. The basis of the civil action is their belief that your property (home, car, guns, electronics, cash, etc.) was purchased with drug proceeds or has been used in some way to advance the drug trade. When the police seize your property, they are required to serve a forfeiture notice.
Our attorneys often object to the forfeitures but doing so requires very prompt action and the posting of a forfeiture bond. Typically, your failure to quickly and properly challenge a forfeiture waives your right to object. If that occurs, your property is considered to be forfeited to the government. A criminal defense lawyer can assist you with a civil forfeiture action separately or in addition to any criminal representation.
Drug charges have severe consequences, including significant fines, forfeiture of property, and incarceration. As with many other serious crimes, if you are under investigation or arrest on a state or federal drug charge, do NOT volunteer any information to the police other than your identifying information (name, address, and phone number). Tell the police you wish to remain silent. Tell the police that do not want to talk to them without first consulting your attorney. Don’t give permission to search.
Even if you are stopped in your car, and police officers find drugs or other drug paraphernalia in the vehicle, do not say anything about their findings. Never voluntarily consent to the cops searching you, your car, or your home. Remain polite, but insist on speaking to your attorney immediately. And of course, never, ever resist arrest, obstruct a police officer or run from the police. Doing so can add additional charges and make your situation even more difficult.
No matter the charge, a good drug offense attorney can be the most important factor in making sure you are given the best opportunity for due process of law and are negotiated the best outcome for yourself.