Busted For Drugs? Here’s What You Need To Know

One of the most common offenses found in Courts across the United States, are drug offenses. Both the Federal and State drug possession laws make it a crime to willfully possess illegal controlled substances such as marijuana (with exception to certain states), methamphetamine, cocaine, LSD, heroin and other controlled substances. These laws also criminalize the possession of chemicals used in drug cultivation and manufacturing, as well as certain accessories related to drug use. Drug possession laws vary according to drug type, amount, and geographic area of the offense. Possession of small quantities may be deemed “simple” possession and may be charged as a misdemeanor depending on the drug, while possession of large amounts may result in a charge of possession with intent to distribute.
Possession of certain illicit drugs violates federal and state laws. While drug possession laws vary widely from state to state, the elements of the offense are generally the same. Prosecutors must be able to prove beyond a reasonable doubt that the defendant knew the drug in question was a controlled substance, and that he or she knowingly had possession of the drug. Such charges may be filed against one or more individuals who were mere accomplices or just simply around the controlled substances in question.
Drug possession laws generally fall into one of two main categories: simple possession for personal use and possession with intent to distribute. The latter category typically carries much stiffer penalties upon a conviction, and are usually serious felony charges. A simple possession charge is not as serious, and one first time offenses, are often times amended down to a misdemeanor. To prove possession with intent to sell, prosecutors may present evidence such as digital scales, baggies, large quantities of the drug, large amounts of cash in small bills or testimony from witnesses.
Drug possession laws also prohibit paraphernalia such as syringes, crack pipes or bongs. The Federal Drug Paraphernalia Statute defines what constitutes drug paraphernalia but usually hinges on a determination of primary use. For example, a newly purchased water pipe may not be considered a marijuana bong unless it has drug residue or is sold explicitly as a marijuana bong. Laws also exist to restrict the possession of certain chemicals or materials commonly used in the cultivation or manufacturing of drugs, such as the laboratory equipment used to make methamphetamine.
While some states have legalized possession of marijuana for medical use, and both Colorado and Washington have legalized its recreational use, it is still considered illegal in all cases under federal law.
If you or a loved one is in a bind as a result of a criminal charge, immediately contact a Seattle Criminal Attorney. A Criminal lawyer is not going to judge you, and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties, and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer.

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Creating A Defense Strategy

Soon after a defendant explains his or her story to a criminal lawyer, they will probably collaborate with each other to come up with a strategy that will work best in court. Generally speaking, this strategy will be based upon the story that the defendant tells his or her attorney, but in most cases will not be exactly the same. Coming up with a defense strategy is not as simple as telling the truth in a way that shows the defendant’s innocence. Instead, it will involve weighing witness credibility, figuring out the reputation between the community and the police as well as various other legal factors.
The very first aspect of preparing a case for trial is to establish a theory. This theory is what the defense will present to a jury, which could explain, justify or prove a defendant’s innocence. Putting this theory forward in court could be very beneficial to the defendant. Prior to a case going to trial, a defense attorney could file a pretrial motions asking for certain evidence to be excluded from trial. This evidence can include certain confessions, statements or actual hard evidence found in a crime scene. In addition, the defense attorney would also probably try to interview any witnesses and/or alleged victims to ascertain information for a trial. This information can be further used during a trial to question credibility and prove to the jury that the prosecutions burden of proof has not been met.
Attorneys are required to be zealous advocates for their clients and this often means that they will provide coaching to their criminal defendant clients in order to put the best defense theory forward possible. In many situations, defense attorneys will practice mock testimony with the defendant to commit and clearly understand a defense theory to memory; take a defendant to a crime scene in order to stimulate memories and get a defendant to write down their own version of the events, which in many cases varies from the actual police report and discovery provided to the defense.
Additionally, defense attorneys will often explain the theory of the case that the prosecution is using in order to get defendants to include important pieces of fact in their testimony. For example, if a key part of the prosecution’s case is that the defendant was in a certain location at a certain time, the defendant needs to remember to tell a version of events that does not place him at that location at that time. Establishing a criminal defense theory involves manipulating the facts in order to be able to zealously advocate for a client and ensure that he or she has received an effective defense.
It is important for defense attorneys to explain to defendants about various pieces of information about the prosecution’s case so that the defendant knows what kinds of evidence they need to produce.
Another reason that defendants should tell their defense attorneys the complete truth is that it could lead to a lesser charge. If, for example, a defendant is charged with armed robbery, and the defendant tells his attorney that, yes, he did rob the store, but not with any weapon, this could reduce the charge to simple robbery, a much less serious crime in terms of potential jail time as opposed to a robbery with a deadly weapon.
If you or a loved one is in a bind as a result of a criminal charge, immediately contact a Seattle Criminal Attorney. A Criminal lawyer is not going to judge you, and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties, and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer.

How Is A Jury Selected?

When facing a criminal charge, one of the most important constitutional rights a defendant has is a trial by a jury of our peers. The jury is tasked with finding the facts of a case after carefully reviewing the evidence and carefully deliberating. The question that often arises is how a jury is actually selected?
The first part in a jury selection process is known as random selection. The state or federal district will randomly pull names off of lists that the state keeps in the regular course of business. These lists could include a list of registered voters, a list of people who hold driver’s licenses, or a list of people receiving unemployment benefits.
Once your name is pulled from one of these lists, an individual will receive a notice in the mail informing him or her of the date they must go to court. The rules can vary by state, but unless you have some pressing reason to miss the first day of jury service, you generally have to go. A person can contact the court and inform them of a pressing issue, if they are unable to attend.
Voir Dire refers to the second stage of jury selection, and is the process by which the court and the attorneys narrow down the pool of juries to the 6 (for misdemeanor cases) or 12 (for felony matters) people that will decide the case. The process for voir dire varies from state to state, and even from judge to judge. Sometimes, if the juror pool is too large, the judge will randomly pick some people and excuse them from duty.
During the voir dire process, the judge and attorneys will interview each juror about their backgrounds and beliefs. Sometimes this happens in front of the rest of the jury pool, sometimes this happens in private. Each attorney has the chance to object to jurors. There are two types of objections which are known as: “peremptory challenges” and “challenges for cause.” When an attorney challenges a juror for cause, there was most likely something in the juror’s background that would prejudice them in the case. For example, it is likely that an attorney would not allow a prosecutor or a police officer to sit on a jury that decides a criminal case. In federal courts, each side has an unlimited number of challenges for cause. Attorneys do not need to give reasons for peremptory challenges, but each side only gets a limited number of these types of challenges. An attorney is not allowed to use peremptory challenges based on the race or gender of potential jurors.
If you or a loved one is in a bind as a result of a criminal charge, immediately contact a Seattle Criminal Attorney. A Criminal lawyer is not going to judge you, and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties, and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer.