Under the criminal laws of drugs, three types of offenses need to be understood, which are:

i.For own use,

ii.Drug possession, and

iii.Drug trafficking

Among these three types of offenses, possessing and trafficking drugs is the most serious and can carry the death penalty or life imprisonment.

How the Case Is Looked

However, what you need to take seriously about this drug crime is how do the police and prosecution look at whether the drugs that the accused person has to be prosecuted is either under the type of self-use, possession, or distribution?

The answer is simple. Police and prosecutions will look at the weight of the prosecution’s drugs when the arrests were made and a presumption principle.

For example, Statutes Section 893.03 of the CSD puts the weight limit on marijuana possession to a maximum of, let's say, 200 grams. So, suppose the weight of marijuana is higher than prescribed. In that case, the police and the prosecution can assume that the prosecutor intends to distribute marijuana and charge him with the offense of distributing marijuana even though it is essentially whether he has no intention of selling it.

Proof

In the presumption of possession, the police and prosecution only need to prove to the court that the drug is in the possession and control of the victim, thus demonstrating that the victim knows the drugs it possesses.

For example, if the victim is detained and checked by the police and the victim is holding his friend's bag containing drugs. Although the bag is not a victim bag and the victim does not know about the bag’s contents, the presumption principle will be applied to indicate that the victim has drugs. It seems unfair, but that's the principle still applies today in the prosecution of drug cases. But that doesn't mean the victim can't dismiss or deny those assumptions. With a skilled Nassau County Drug Crimes Lawyer, it seems possible.

What Can The Attorney Do?

When you are detained by the police and investigated, you have the right to remain silent during the investigation and not provide any statement, especially in the absence of a lawyer. And if you think you're innocent, let your Drug Possession Attorney fight aggressively for your right, freedom, and reputation and tell the court the truth during the investigation.

Of course, victim lawyers need to deny and fight that assumption with specific strategies and arguments—hand over the assignment to the lawyer responsible for assisting the victim.

Suppose a person is arrested and charged under the CSD. In that case,the court usually will not usually allow bail, especially involving severe punishments such as punishment under Section 39B of the CSD.

If the penalty to be imposed exceeds five years, usually, bail will not be allowed. Recently the government is planning to announce that it was looking into the possibility of criminalizing (no longer a criminal offense) the offense of using drugs in person at a small amount.

Author Bio:

The author of this content is the content writer at a law firm company. Accordingly, he shares her views to find the Drug Possession Attorney and guidance on defense with Nassau County Drug Crimes Lawyer.