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THE SHEENA LAW FIRM
Attorney & Counselor at Law

 

 

Possession or Sale of Narcotics

Drug offenses are among the most commonly prosecuted crimes. These offenses vary from possession of drugs or drug paraphernalia for personal use, to possession of dangerous drugs for sale, to manufacture of narcotic drugs. The range of Penalties for drug offenses depends on the drug, quantity and purpose of possession. Drug charges are serious crimes that subject defendant to the Federal court system and the Federal Sentencing Guidelines.

Because of this, you need to hire an attorney who is experienced in Federal litigation. Federal courts do not work the same way as state courts. Different rules of evidence and different rules of practice apply. You need to be represented by an attorney who understands these vital differences. State and federal laws contain harsh penalties for distributing controlled substances, especially if firearms are even remotely involved.

We have represented individuals charged with sale and possession in drug matters involving:

  • Cultivation
  • Distribution
  • Manufacturing
  • Medical Uses
  • Possession
  • Public Intoxication
  • Trafficking
  • Transportation

In many drug cases the narcotics seized by law enforcement is the most persuasive evidence against you. However, evidence is sometimes obtained in violation of your Constitutional rights. In such instances, this evidence may be suppressed and the prosecution may be prevented from using it against you.

An important factor in determining the severity of the charge is the type and quantity of the illegal drugs involved. Another factor in determining the seriousness of the charge is whether the drugs are for personal use or for sale. A drug offense may be a felony or a misdemeanor, depending on the quantity and type of drug found by law enforcement. Another very important factor is whether or not you have a prior criminal record.

The penalties facing persons charged with drug offenses in court are severe. However, a drug offense may be a felony or a misdemeanor, depending on the quantity and type of drug found by law enforcement. Penalties may include:

  • jail or prison time
  • fine
  • seizure of assets (including vehicles)
  • loss of a driver's license
  • required to register as a narcotics offender

For obvious reasons, a prior criminal record could result in a more severe punishment than if the defendant had a clean or relatively minor record consisting of misdemeanors. The crime of "simple possession" requires that a person knowingly and intentionally possess an illegal or scheduled drug without a legitimate prescription. The government is required to prove that the offender knew that the drug was a controlled substance and that he or she had either actual possession of it or some other control over it.

Manufacturing, delivering, or possessing with intent to deliver a controlled substance is a crime with escalating penalties. The severity of the penalties depends on the drug involved, the quantity of the drug, and the offender's prior criminal record. When it comes to drug cases, treatment is often a more appropriate sentence than jail or prison. This is because it is important to help people with their drug problem and not simply punish them.

If you have any questions or would like to speak directly to an experienced criminal attorney regarding your drug case, please do not hesitate to call The Sheena Law Firm today.


Danny M. Sheena, P.E.

 
The Sheena Law Firm
2500 West Loop South, Suite 518
Houston, Texas 77027
 
(713) 224-6508 - Office
(713) 225-1560 - Fax
 

Email: Danny@Sheenalawfirm.com

 

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