Criminal charges of any kind are a serious matter. When faced with criminal charges, it is important that you know your rights and responsibilities in dealing with these charges. The defense used is dependent on the crime charged with. Drug charges, like other criminal charges, have specific steps that must be taken by the prosecution and the defense when dealing with them.
Any type of criminal charge needs to be taken seriously in Arkansas. The legal process begins when someone is arrested and charged with a crime. This starts the clock running, so to speak. Drug cases can seem to proceed especially fast, as the time between arrest and conviction or acquittal is crucial. Most drug charges can fall under either federal or state jurisdiction, depending on the charge and the circumstances of the case at hand. A drug charge can include drug distribution, drug possession, drug manufacturing, and drug trafficking. Each charge has to be proven in a court of law for conviction.
A car accident can have devastating consequences for any victims involved. Physical trauma can require lengthy rehabilitation and medical bills can spiral out of control. However, for one girls' basketball coach at a high school outside of Phoenix, a car wreck has resulted in her being placed on leave without pay from her job and facing charges of drug possession.
Drug offenses can include drug possession, possession of drug paraphernalia, drug manufacturing, intent to distribute, drug trafficking and drug distribution. All of these offenses usually come with the possibility of prison time if they lead to a conviction. Both federal and state statutes govern drug charges, and there are a variety of factors for the prosecution to consider when deciding whether to pursue the case in state or federal court.
There are numerous types of crimes. Punishments for conviction are spelled out under the criminal statutes. The nature of the crime influences the decisions about what law to cite when charges are brought. Regardless of what charge is leveled, however, one thing holds true. Each element of a crime, as defined by the applied criminal statute, has to be legally satisfied for a conviction to be obtained. Drug charges are criminal charges that carry with them very specific elements that require satisfaction.
In criminal cases, including but not limited to drug cases, depending on the drug charge, state and or federal laws may apply. The unique thing with drug charges is that either the state court or the federal court can bring the case. In some instances both jurisdictions may be able to bring charges. Cases that are handled in state court differ procedurally than cases that are handled in federal court. With that being said, it is important to know how the law works so that one's individual rights are protected.
Depending on the crime involved, federal laws and statutes may be applicable in lieu of state laws and statutes. Most drug charges such as drug possession and drug distribution are regulated by federal statutes. Federal statutes are different from state statutes, mainly in the severity of the punishment that defendants receive. If convicted under a federal drug statute, incarceration is almost guaranteed.
Any type of criminal charge requires an energetic defense. This is perhaps more the case when the charges being faced involve alleged drug activity. Drug charges carry the possibility of serious penalties in the event of a conviction.
Drug charges are governed by federal and state laws. As with other felony crimes, drug charges have certain elements that need to be satisfied in order for a drug charge to be prosecuted. Depending on the type of drug charge, whether it is intent to distribute, possession or solicitation, the applicable law will vary. In most drug cases, the person being charged needs to knowingly and intentionally possess an illegal substance.
One of the trickiest issues in criminal law comes up when police find evidence of a crime on a person during a routine traffic stop. What might begin with a simple problem with a tail light can quickly escalate to involve constitutional issues of search and seizure and self-incrimination.