Drugs

The Health & Science (HS) Code codifies various drug charges.

Normally simple possession is a misdemeanor. If you have a prior drug conviction, it can be filed as a felony. Possession for sale is a felony.

If you were legally searched and had possession of illegal drugs, do not answer any questions by the officer. Invoke your Miranda Rights. The best thing you can do for yourself is stop talking. Don’t volunteer any information. You are not going to outsmart an experienced officer.  

Miranda Rights must be read to anyone who is not free to leave police custody, or detained.

Miranda Rights are "You have the right to an attorney. One will be appointed if you cannot afford one. Anything you say can and will be used against you in a court of law.”

Believe them. Stop talking. Stop volunteering information. Everything you say is being recorded with body worn camera and can be produced in a court. Ask for a lawyer, and don’t consent to any searches.

Drug Diversion

Normally someone with no drug prior convictions can qualify for drug diversion, which lasts 12-18 months, or rehabilitation. Cases can be dismissed.

HS 11350, 11377 elements:

1. Defendant exercised control over a controlled substance.

2. Defendant knew of its presence.

3. Defendant knew it was a controlled substance.

4. The substance was in a usable quantity sufficient to be used.

If you are facing a drug charge, contact me so that we can protect you and deal with your case.

A Note About Fentanyl

In my entire career as a criminal defense lawyer, I have never seen another drug that kills people as quickly as fentanyl. I have seen people die the first time or within first month of using fentanyl. Nothing, and I mean nothing, including cocaine, meth, heroin, marijuana, or any variation of drugs or alcohol is as destructive as fentanyl. If you are thinking of using fentanyl or know someone using this drug or any other drug, please get help ASAP. You can call me for free at the number in my header, and I will refer you to a professional who can help.