A drug charge can change your life in a matter of hours. You may be worried about jail time, penalties, your career and the future of your family. What you do next when the police come to you about a drug case matters. The state or federal laws bring charges of drugs. What laws apply to your case? What court? Possible penalties and steps? Depends on your scenario. The cases range from simple possession to allegations of dealing or trafficking drugs. Contacting a drug lawyer early might help protect your rights. A lawyer can explain the charge, review the facts and help you avoid costly mistakes. Platinum Criminal Defense Law Firm defends clients accused of crimes. David Benowitz is an experienced criminal defense attorney who is known for fighting for his clients. Here are several situations in which you need to seek legal advice, and why time is of the essence.
Difference Between State and Federal Drug Charges
Drugs: State and Federal Rules Are Different. The first thing is to see which system may be able to handle your scenario. State charges are usually possession of drugs, sales of drugs or other crimes of state law. Such cases may be investigated by municipal or state police. They are common in the state courts. Federal charges involve alleged violations of federal law. Federal agencies also have the power to investigate, sometimes in cooperation with state or municipal police. Cases may involve claims of trafficking drugs across state boundaries, large scale drug operations or activities in connection with federal investigations. The place of arrest itself does not answer the question. Sometimes there is a role for the feds and the state. Penalties for federal drug charges are harsh, including long jail terms. The precise risk will depend on the charge, the facts, prior convictions and other legal conditions. An attorney can inform you what rules might apply to your circumstance.
Contact a Lawyer Immediately When Police Contact You
You don’t have to wait until you get arrested to get legal help. If authorities call you and want to question you about suspected drug activity, consult with a lawyer before answering questions regarding the case. Maybe you think a simple discussion will sort it out. But even an innocent answer might be twisted or used against you. You also may not know what facts are already known to the investigators. You have the right to refuse to answer any inquiry if the answers might incriminate you. I want to remain silent and I want a lawyer.’ Do not lie, delete evidence or seek to manipulate other people involved. Getting legal advice early provides you an opportunity to learn about your rights before you make decisions that could damage your case.
Help After an Arrest or Search
If the police arrest you or search your home, car or phone, contact a lawyer right away. Do not presume cops are playing by all the legal rules. It is protected from unreasonable searches and seizures under the Fourth Amendment. Police may require a warrant yet there are a number of legal exceptions. A lawyer can analyze the evidence, and make a decision as to whether the search was legal. For example, cops might locate drugs during a traffic stop. The defense may challenge why the officer pulled the automobile over or searched the car . If the search violates your rights, your lawyer can urge the court to keep the evidence out . The request is termed a move to suppress. That doesn’t ensure he will be dismissed, but it could hurt the state’s case.
Know When You May Be Facing Federal Charges
Some drug instances get the attention of federal investigators. It might include selling drugs across state boundaries, suspected ties to a bigger network or activities under investigation by federal agents. You may be called in, or get a letter or request for an interview, before any formal charges are laid. Treat these contacts seriously. Don’t ignore the official notices or try to anticipate what investigators want. A lawyer can enable you to understand what the inquiry is about and what your legal obligations are. And when appropriate, the lawyer can talk to investigators and advise you on how to answer. Federal cases can have separate regulations for bail, court hearings and sentencing. Getting counsel early can help you prepare for what’s ahead.
Call a Lawyer If You Face Serious Penalties
Not all drug charges are created equal. Type of substance, amount of substance, your past record and suspected conduct can all play into probable sentencing. Some charges may result in probation or fines. Others might mean jail time and permanent damage to your employment, housing or family life. A lawyer can explain the range of penalties that can be imposed and the factors that may reduce them. The lawyer may also consider if the charge matches the evidence, and whether any legal defenses apply. Do not rely solely on advice from friends or online posts. Even if the allegations sound similar, they may have different cases than you.
Get Legal Advice Before the Time Limits Expire
After an arrest, you may be required to attend hearings, meet bail conditions, or follow court orders. If you miss a date or violate a release rule, you could be in additional trouble. A lawyer will tell you what each hearing is about and what you need to accomplish before that hearing. The lawyer can look through police reports, lab findings, witness statements, and other data. Depending on the facts, the defense may contest the search, challenge the test result, or argue that you did not know about the drugs. Or a lawyer will negotiate plea deals or prepare to try the case. There isn’t a single defense that works for everyone. What happens next will depend on the evidence, the law and your ambitions.
How Can Platinum Criminal Defense Law Firm Help
When you are charged with a crime you need precise advice and a defense based on the facts. Criminal Defense Law Firm of Platinum are criminal defense attorneys for those needing aid comprehending their legal choices. David Benowitz is a veteran criminal defense attorney. The firm says he’s AV-rated by Martindale-Hubbell, has a perfect 10 rating on Avvo and is a member of the National College of DUI Defense. He is also a faculty member of the Trial Advocacy Workshop at Harvard Law School. A Criminal Defense Lawyer can review evidence, tell you about risks and assist you comprehend what is next. If you have a drug offense at the state or federal level, do not wait until the last moment to get advice. The earlier you act, the more time you have to make educated decisions and preserve your rights.
Commonly Asked Questions
1. When do I need a drug lawyer?
Short answer: When you find out that you are under investigation or charged with a drug crime, contact a lawyer immediately.
Detailed answer: Seeking legal assistance early will help you safeguard your rights before interrogation, searches or court hearings. A lawyer can evaluate the evidence, explain your options, and help you avoid making mistakes that could hurt your defense.
2. How are state and federal drug charges different?
Short answer: State charges are state law, federal charges are federal law.
Detailed answer: State cases generally start with local or state police investigations. Government cases can involve government authorities and violations of federal law. Depending on the facts, some activity may be charged under both systems.
3. Do I need a drug attorney if cops found drugs in my car?
Short answer: Yes. A lawyer can look at the lawfulness of the stop and search.
Detailed answer: Your lawyer can look at the basis of the traffic stop, the basis of the search and who had access to the drugs. If your rights were violated by the police, the lawyer can urge the court to throw out some of the evidence.
4. Are federal drug offenses more serious than state offenses?
Short answer: Federal charges can be harsh but the charge and facts are most important.
Detailed answer: Some federal drug crimes entail high jail sentences and severe sentencing guidelines. Detailed answer: The punishments imposed by the state also differ based on the offense and the defendant’s prior record. A lawyer can tell you what might happen under the law that pertains to your case.
5. What if federal agents want to talk to me?
Short answer: Seek legal assistance before responding to questions about potential illegal activities.
Detailed answer: Don’t lie, don’t delete documents or other proof, be cool. You can say you don’t want to talk and you want a lawyer. A lawyer can tell you your rights and assist you determine what to do.