Drug distribution/transporting laws penalize the selling, transport, and unlawful import of illegal controlled substances into the US such as marijuana, methamphetamine, crack, LSD, heroin, and “club drugs”.
As a result, drug distribution/transportation violations may perhaps fall into a group of criminal offenses viewed as an organized unlawful activity which may add substantially more charges to a defendant’s offense and increase the penalties if found guilty. Ownership or sale of these drugs isn’t necessarily a component of the crime, making motive a factor in the prosecution of distribution/transportation cases. Drug distribution/trafficking laws can certainly implicate a single individual or a broad ring of men and women involved within the criminal offense . Transporting of controlled substances over a state line or perhaps a country’s border is defined as a federal offense with severe penalties which may perhaps include the death penalty for drug kingpins.
Distribution is defined as the delivery of a controlled substance other than for the administering or dispensing of it. A person is in most cases guilty of distribution when the person transfers a controlled substance to another individual. The transfer can be actual, constructive, or attempted. The transfer is actual when a person physically transfers the controlled substance to another; it is constructive, when the government can demonstrate that an individual intends to sell or distribute an illegal substance via their actions or when the quantity of drugs in their possession is large; it is attempted when an individual attempts to transfer the controlled substance to another, but is otherwise prevented from accomplishing this. Anyone who intentionally participates in bringing about a drug transaction, even if only as a translator, is regarded as a deliverer of a controlled substance.
Delivery of a drug is the actual or attempted transfer of a drug from one person to another. Delivery and distribution are treated as separate violations under the Controlled Substance Act. Cash does not have to change hands for an individual to be arrested for the selling of drugs. For instance, you could possibly be found guilty of delivering a controlled substance even if others perform the physical act of delivery and you do not receive any sort of money for the transaction. As an example, a defendant was present while another individual delivered and sold cocaine to an undercover agent. Evidence that the defendant brought a mirror to the transaction in order to help measure the cocaine was all that was needed for an arrest of delivery and sale of drugs. Although the defendant told law enforcement officials that she received a mere one-half gram of cocaine in return for her assistance with the drug sale, she was found guilty for illegal delivery and sale.
Dispensing of drugs for medical purposes is permitted under very specific regulations. However, should a physician dispense drugs outside of the scope of his medical practice, this individual can be convicted of drug crimes, as in U.S. v. Singh, (4th Cir. 1995), in which a doctor traded drugs for intimate favors with patients dependent on prescription drugs.
Transportation and distribution of drugs are much more significant crimes than is the offense of drug possession; and these offenses bring about the chance of severe repercussions. Any individual dealing with drug criminal charges for drug importation, drug transportation, or drug distribution and sale (excluding small amounts of marijuana) are generally arrested for a felony. A drug transportation/distribution charge can certainly result in one or more years in a state prison and a permanent criminal record. Automobiles, homes together with other possessions tied into a drug transaction may perhaps also have to be forfeited.
The sale of drugs is invariably a felony arrest. A sale of less than forty kilograms of marijuana is defined as a felony under federal law, and is punishable by five years in prison and a $250,000 fine. The penalty for the sale of “harder” drugs, cocaine and heroin, may include a life sentence. Sentences and fines are often depending on the quantity of the sale, the past criminal history of the defendant, the presence of firearms on the defendant during the transaction, and whether minors had been involved in the transaction or not.
Mere possession of a controlled substance doesn’t demonstrate specific motive to distribute or sell the drug. Intent can’t be proven by use of direct evidence (evidence primarily based on a witness’s firsthand knowledge) or circumstantial evidence (evidence based on inference); a distributor should know that he/she is in possession of a drug intended for distribution.
Defenses for Distribution/Transportation
Defenses for drug distribution/transportation charges normally involve the violation of the Constitutional liberties of the person charged. Due process requires that every element of the crime be proved beyond a reasonable doubt, a high standard when attempting to prove the elements in a distribution/transportation offense. In addition, the 4th Amendment to the U.S. Constitution protects individuals from unreasonable searches and seizures. The unreasonableness will depend on the details and circumstances of every case. If law enforcement illegally searched you, or unlawfully seized your property, Houston Criminal Defense Attorney Johnson may very well be able to have the criminal charges dismissed.Other proven winning defenses for distribution/transportation criminal charges include entrapment and illegal surveillance, both of which a person is constitutionally protected against under certain circumstances.
If you were in a vehicle containing drugs that was stopped, but you were a passenger, the prosecution has to establish that you had been in possession and had knowledge of your possession. You cannot be convicted of any drug charge ;if you did not know the drug had been there.
Houston Criminal Defense Lawyer Johnson will make sure your legal rights are safeguarded and if the police didn’t follow correct procedures, we will have resulting evidence dismissed.
Houston Drug Distribution Defense Attorney: The Charles Johnson Law Firm
If you encounter any of drug charges, the prosecution will try to press the most severe charges conceivable. Should you encounter drug distribution charges or you have been charged with conspiracy with intent to distribute, a conviction could mean a lengthy prison sentence and forfeiture of property and assets.
Law enforcement aren’t your buddies. Your best chance is to speak to an aggressive criminal defense attorney and keep your mouth shut.
If you are found with scales, drugs, and other distribution materials, you will be arrested for possession with intent to distribute. Depending on the quantity of the drug involved, you could lose vehicles, cash, and even your home if convicted. Providing the aggressive criminal defense you deserve, we are accessible at any hour, 7 days a week.
At the Charles Johnson Law Firm, a Houston Texas Law Firm, we will make sure the obligation of proof rests on the prosecution.