Drug Crimes - Know Your Rights!

Drug Crimes - Know Your Rights!

Drug crimes cover a broad range of offenses involving controlled substances, from possession and sale to manufacture and distribution. These crimes involve violations of federal or state law, or both. Depending on the particular circumstances of a case, these offenses can result in a broad range of potential criminal and administrative consequences, including probation, prison, property forfeiture and participation in a court-ordered drug treatment program.

Though more severe charges typically result in harsher penalties, even less serious charges, such as possession of a small amount of a controlled substance, may have severe consequences, especially if prior convictions, firearms, activity near protected zones (e.g., schools and parks), or minors are involved.

Federal Drug Crimes

The Comprehensive Drug Abuse Prevention and Control Act of 1970, also known as the Controlled Substances Act, classifies narcotics, marijuana and other drugs into five categories, or Schedules. Besides establishing requirements relating to manufacture and distribution of drugs, the law also defines penalties for violations of the Act. Depending on the nature and quantity of the substance involved, as well as the presence of sentence-enhancing factors, the criminal penalties can be severe.

Searches and Seizures in Drug Cases

The Fourth Amendment to the United States Constitution protects individuals against unreasonable searches and seizures by the government. Particularly in drug cases, the legality of how law enforcement officials obtained the evidence used to support the State's case is a central and often-challenged issue. If the government's conduct violated the Fourth Amendment, the evidence is deemed inadmissible. Without the necessary evidence to prove the criminal charges, the State may have to dismiss its case against a defendant.

Criminal and Civil Forfeiture

Forfeiture is the government seizure of property connected to illegal activity. Utilized by the federal and state law enforcement in the ongoing "war on drugs," the practice has not been without controversy. Law enforcement has asserted that it is a necessary and effective deterrent to drug crime, while opponents argue that existing procedural safeguards result in too many innocent parties having their property taken away, with little or no recourse for recovery.

Alternatives to Incarceration in Drug Cases

Since the late 1980s, there has been a dramatic shift in the approach of the American justice system toward drug crimes. Drug courts, which operate or are being planned in all 50 states, offer an alternative to traditional incarceration. By providing a structure that emphasizes substance abuse treatment and on-going supervision, drug courts aim to rehabilitate and reduce repeat offenses.