Federal Drug Defense Lawyers

In some states, possession of even a single ounce of marijuana is considered illegal and is a misdemeanor. In other states, the amount of marijuana in possession will directly impact the charge and sentencing. If it is a small charge or a first offense, a drug attorney will work to secure a discharge plea, which can result in a dismissal and restriction of the record. Keep in mind that this law only pertains in certain situations, and is most often utilized when an ounce of marijuana in the green, leafy form is the substance in question. 

An ounce of other forms of marijuana, such as edibles, oils, or wax, is still considered a felony unless given a break by the charging officer. It may seem like a small drug offense, but possession of marijuana can result in up to 12 months of jail time and/or a $1000 fine. Drug attorneys are familiar with drug defenses and will work to reduce charges against offenders.

It is not only possession of drugs that can bring about charges, but also possession of drug-related objects. This broad criminal statute states that possession of drug-related objects such as tools, machines, equipment, or any other drug-related device is also illegal. This could apply to a wide variety of things that could include pipes, hypodermic needles, bongs, hookahs, straws, and rolling paper. However, there are also legal reasons to possess these objects, which is where a drug attorney will know the exact laws and how they pertain to each case.

Purchasing controlled substances is considered illegal and punishable by law. That act of buying or selling controlled substances is a crime. It is also a crime to have or knowingly have control of any controlled substance. In some instances, officers can charge if substances are found near a person, in a car, or in a home occupied by an individual. This is not directly associated with buying and selling drugs, but is still considered possession of an illegal substance. Simple possession may carry a lesser offense than more serious cases of possession that have been deemed as intent to traffic or manufacture. Whatever charges you may be facing, it is always in your best interest to have a highly skilled and experienced drug attorney to handle any legal issues brought up against you.

A step above simple possession is intent to distribute. This includes the act of manufacturing, distributing, administering, dispensing, or selling illegal substances. The most common occurrences of intent to distribute are growing marijuana or making methamphetamine. The sale of controlled substances usually occurs after surveillance of the transaction. Possession of drugs with the intent to distribute must be based on more than just possession. Prosecutors must have significant evidence to back up charges, such as the weight of substances in possession, a record of transactions, or supplies to divide up and distribute substances, including scales for weighing. This offense will result in a more severe punishment than simple possession, especially if you do not have a qualified drug attorney handling your defense.

The harshest of drug crimes is a drug trafficking charge. Drug trafficking charges can be based on the quantities of the controlled substance in your possession. These four levels of quantities, except for marijuana, are 14 grams, 28 grams, 200 grams, and 400 grams. For opiates, the first cutoff is 14 grams, while the cutoff for methamphetamine is 28 grams. Anything over those cutoffs is most likely going to be considered drug trafficking automatically. Unfortunately, drug trafficking charges are subject to a minimum sentence and can come with a hefty fine of up to $100,000 or higher. When facing a drug trafficking charge, you mustn’t take the matter lightly or hesitate in securing representation. Finding an experienced drug attorney to guide you through the process is vital to achieving a more positive outcome.

Knowing how to properly handle, analyze, and execute a drug case is best left up to the professionals. Reputable drug attorneys know the right questions to ask and motions to file that will work in your favor. For instance, a drug defense attorney will want to ask questions such as:

• How did the police officer come into contact with their client?
• Why did a search occur?
• Were any statements made?
• Was the client made aware of their rights?
• What evidence is being presented that ties the client to the controlled substances found?
• Are there any records tying the client to the case, and were those records obtained legally?

Asking pointed questions is in the client’s best interest and may lead to a lesser sentence or even being acquitted altogether. Our top defense drug attorneys at Lowther Walker, LLC have a wide range of knowledge and resources, as well as years of experience defending drug-related cases. We are well aware of the related laws and consequences of convictions, as we handle all levels of drug offenses. Whether you have been accused of possession of marijuana or are facing a felony drug trafficking charge, our firm will explore every possible defense on your behalf.