Drug Charges
Drug Charge Attorney – Brett A. Podolsky
Because of the wide variety of scenarios possible, the criminal defense of drug charges has become a very intricate area of the law. A drug case may include a confidential informant, surveillance, interrogations, confessions and search and seizure issues. All of these different items will intersect, making each set of facts different from every other case. Brett A. Podolsky is experienced in dealing with all types of drug cases and has the knowledge needed to provide the best drug charge defense.
Drug charges may include any of the following:
- Possession of a controlled substance
- Possession of marijuana
- Possession of cocaine
- Possession of drug paraphernalia
- Possession with intent to distribute a controlled substance
- Drug trafficking
- Drug manufacturing
- Prescription drug charges
Definition of Possession
There are many different types of narcotics charges but one of the most common charges is possession of a controlled substance. To be convicted of drug possession a person must have actual knowledge that a drug is present. Ultimately, that means that a person must have care, custody or control of that drug. An example of possession could consist of having the drugs in a pants pocket.
However, for the District Attorney to prove possession, the drugs do not necessarily have to be actually on someone. If the the District Attorney can prove knowledge and control of the drugs, a person may be convicted. This type of possession is called “constructive” possession. An example would be if the narcotics were found in the couch cushions where someone was sitting.
Possible Drug Crime Penalties
The penalties for a conviction of a drug crime will depend on the weight and type of drug that is involved. There are five different penalty groups and each group has a separate penalty. The higher the amount of narcotics that are recovered, the higher the penalty. Other items that will factor into possible punishments will include the type of crime, the presence of a minor and the criminal background of the accused.
Possible legal penalties for a drug crime include, but are not limited to:
- Incarceration in jail or prison
- Community supervision
- Court ordered counseling
- Fines and court costs
- Suspension of a driver’s license
In addition to the above penalties, it may become difficult to become employed or to find housing. Educational opportunities may decrease as well because funding may not be available for those who have been convicted of a drug crime.
How Can Brett A. Podolsky Help?
Attorney Brett Podolsky has a vast knowledge of drug related issues. He will be able to quickly assess the best strategy to fight the charges. He will fight for his clients to achieve the best possible outcome which may be having the case dropped or dismissed.