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Drug Posession
Drug What does possession of a controlled substance actually mean?

Generally, possession is the "care, custody, management, or control" of an illegal substance or product. Furthermore, to receive a charge of possession, the authorities may have to prove that you knowingly maintained possession of a controlled or banned substance/object long enough to get rid of it. There are also two separate aspects which are considered in a drug possession charge: The type of substance and the amount. Charges of possessing a controlled substance, such as with that of with methamphetamines or cocaine, are based on the weight of the substance.

If I get charged with drug possession, should I retain a criminal defense lawyer?

A Criminal defense lawyer will be able to determine the plausibility of the crime that the prosecution has alleged that the defendant committed. It does not actually matter whether you are innocent or guilty in determining whether you should hire a criminal defense lawyer. In either case, your best opportunity for a positive outcome will be through the successful representation of a skilled criminal defense lawyer. The hiring of a criminal defense lawyer is the best way to ensure that your rights are protected and that the truth prevails in your case. If you are convicted of a criminal offense, a criminal defense lawyer can often get your sentence minimized and may even keep the charge off your permanent record.

How can a criminal defense lawyer keep a drug charge off of my permanent record?

Under normal circumstances, there are three ways that a criminal defense lawyer may be able to keep a drug possession charge off of your permanent record.
  • First, is to have the state dismiss your case.
  • Second, receiving a verdict of "Not Guilty" by either a judge or a jury
  • Third, receiving a deferred adjudication probation which if successfully completed will remove the offense from your permanent record.
Can the state take away my driving privileges for a drug possession charge?

Yes; the state attorney may request that your driving privileges be suspended or revoked if you are found guilty of possession of a controlled substance. In the event that your driving privileges are suspended, you may be able to have your criminal defense lawyer to ask for leniency or a hardship license so that you may retain some or all of your driving privileges. Typically if you are convicted of a drug possession offense, your driver’s license will automatically be suspended for no less than 180 days, however, you may be able to petition the court to obtain a restricted license prior to the 180 imposed limitations.
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