The Drug World

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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What Happens After My Arrest?

When a defendant gets arrested and is taken to jail, typically their first concern is how they can get out as quickly as possible. Several things must happen before a jail facility can release an individual from jail. The process typically involves a “booking” process and a bail hearing that determines whether the person arrested may be released pending trial and set the bail amount. Once the accused has “posted bail” themselves or through a bail bond agent they are released.

An arrest occurs when a person has been taken into police custody and is no longer free to leave or move about after a crime has been committed or after a police investigation. When and how an arrest takes place is very important. Obviously, someone who has been handcuffed and read their rights knows they have been arrested, but not everyone who is arrested is handcuffed or explicitly told that they are under arrest. Whether or not the proper procedure is followed may determine the admissibility of evidence or even result in the case being dropped.

After an arrest a police officer will begin the “booking” process. This is an administrative process in which the police collect the suspect’s personal information and organize evidence relating to the alleged crime. The officer will record evidence, observations and statements about the alleged crime, fingerprint and photograph the suspect, conduct a criminal background check, collect the suspect’s personal property for storage until release, and place the suspect in a holding cell. This is called the discovery process, and all of the “discovery” is given to the respective criminal defense attorney who represents the defendant.

Soon after the booking, within 24 hours, a defendant is entitled to a bail hearing.The purpose of bail is to ensure that an individual accused of a crime that is released into the community will willingly return for future court hearings and not commit new crimes, intimidate victims and witnesses, or flee to another jurisdiction. Those accused of minor crimes may simply be cited and released, but all others arrested and charged with crimes will have an opportunity to argue for their release at a bail hearing.

At the bail hearing a judge examines the alleged crime, the accused’s criminal background, contacts within the community, financial resources, and length of residence in order to determine whether releasing the suspect would pose a threat to the safety of the community and whether the suspect is likely to appear at future hearings. Someone who poses a threat to the community may be held without bail. Likewise, someone who is a flight risk may be held without bail. Concerns about these and other factors also impact the amount of bail required.

More serious crimes typically result in a higher bail amount. Wealthy individuals may also face higher bail amounts to ensure that the bond represents a significant amount to the party paying. On the other hand, if the alleged crime is not serious, the accused can show evidence that they pose no risk to the community, and are likely to appear at future court hearings they may be released “on personal recognizance” without having to post bail.

Other conditions may be placed upon release including limits on travel, court ordered drug and alcohol abstinence or testing, periodic checks by an authority and restrictions on contact with victims or witnesses.

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.

The Sixth Amendment Explained

So you have been charged with a crime and now you are in need of an attorney? A criminal defendant’s right to an attorney is found in the Sixth Amendment to the U.S. Constitution, which requires the “assistance of counsel” for the accused in all criminal prosecutions. This means that a defendant has a constitutional right to be represented by an attorney during every aspect of a criminal proceeding from the arraignment and through an appeals process. It also means that if the defendant cannot afford an attorney, in almost all instances the government will appoint one to handle the case, at no cost to the defendant.

The defense attorney’s role is of paramount importance in almost every criminal case. While specific duties of an attorney vary depending on the nature of the charges and the case, key responsibilities of any criminal defense lawyer include advising the defendant of his or her rights and explaining what to expect at different stages of the criminal process; ensuring that the defendant’s constitutional rights are not violated through law enforcement conduct, or in court proceedings and negotiating a plea bargain with the government, on the defendant’s behalf. Lastly, a defense attorney is responsible for investigating facts and the evidence presented as well as cross-examining witnesses, objecting to evidence and questions presented by the prosecution and presenting any legal defenses that may be apparent.
Courts have interpreted the Sixth Amendment right to counsel as guaranteeing the “effective assistance of counsel” to criminal defendants. It doesn’t matter whether the attorney is hired by the defendant or appointed by the government. However, questionable strategic choices made by an attorney and even serious lawyer errors, in some instances do not usually cause a conviction to be thrown out, unless it is clear that the attorney’s incompetence affected the outcome of the case.
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.

Don’t Do Drugs !

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.