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Building a McLean Drug Defense

In McLean, drug crimes are treated seriously by law enforcement and prosecutors. If you have been charged with a drug offense, you could be facing harsh penalties. Many people are unaware that people can be charged with separate offenses for each illegal drug the person is found to be in possession of or to have distributed. This means that if a person has marijuana, cocaine, and PCP in the person’s possession, the person will likely face two felony charges and one misdemeanor charge despite all of the drugs being discovered in the course of a single interaction with the police.

Reach out to an accomplished lawyer today for help with building a McLean drug defense. A dedicated drug attorney could fight for you and protect your rights.

Benefits of Working with an Experienced Attorney

It is crucial to reach out to a lawyer as soon as possible in a drug case. A seasoned lawyer could use their experience to build a strong McLean drug defense. Working with an experienced attorney can be the difference between entering a diversion program for dismissal of the charge and ending up with a felony conviction. Also, if an individual is facing multiple charges, a lawyer may be able to negotiate for the dismissal of charges.

Drug Penalties in McLean

Drug offenses are so intimidating to face in Mclean because of the harsh penalties that can be associated with a conviction. The type of penalties imposed will depend on the classification of the specific drug involved and what the person is alleged to have done with said drug.  Some offenses even have mandatory minimum sentences.  Examples include:

  • Third or subsequent convictions for the sale or distribution of marijuana has a mandatory minimum of five years in jail
  • Transporting more than five lbs of marijuana into the Commonwealth carries a minimum of three years imprisonment
  • A second conviction for selling, possessing with the intent to sell a Schedule I or II drug carries a minimum of three years in jail
  • Third or subsequent conviction for selling, possessing with the intent to sell a Schedule I or II drug results in a mandatory minimum jail sentence of ten years

This is why it is critical to work with a well-versed legal professional when facing drug charges. An attorney could help a person navigate these charges, examine the person’s case for any potential defenses, and negotiate with prosecutors on the defendant’s behalf.

Constitutional Violations in Drug Cases

When building a McLean drug defense, an attorney will investigate to see if there were any Constitutional issues regarding the defendant’s case. In drug cases, a person’s Fourth, Fifth, and Sixth Amendment rights could be violated.

Fourth Amendment issues tend to arise when law enforcement officers conduct warrantless searches of an accused person or their property where there is not an exception to the warrant requirement such as exigent circumstances. Examples of a Fourth Amendment violation include officers searching a person’s home for drugs without their consent, without a search warrant, or outside the scope of a search warrant.

The Fifth Amendment protects people from incriminating themselves. This means that they have a right to remain silent if an officer is asking investigative questions. Some examples of these types of violations in drug cases include a person admitting ownership of certain drugs after being placed in police custody, but before the said person was read their Miranda Rights.

The Sixth Amendment protects a person’s right to be “confronted with the witnesses against them.” Some Sixth Amendment issues can be raised in drug cases in situations in which the Commonwealth is relying upon statements of witnesses who are not present at trial to make its case because a defendant generally has a right to confront and challenge the testimonies of adverse witnesses. 

A McLean Lawyer Could Help with Building a Drug Defense

If you are facing drug charges, you should obtain a skilled attorney right away. A lawyer could help you with building a McLean drug defense and protect your rights. Call today and set up a consultation.

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