Even if a person was unaware that they were in a drug-free zone at the time of the offense, their intent to commit the underlying drug offense is sufficient. Trafficking charges will result if the defendant is in possession of more than 25 pounds of marijuana. Possession of any amount of cocaine is a felony of the third degree in the state of Florida. New Jersey School Zone Drug Charge Attorney | School Zone Drug Possession Lawyer NJ. Under all circumstances following a guilty verdict, there is a mandatory minimum prison or jail sentence of 2 years.
Possession of heroin under 10 grams is a felony of the third degree, punishable by up to 5 years in prison, a fine of $5, 000, driver's license suspension and a permanent criminal record. Juvenile Misdemeanor Violations of Drug Laws. Possession of a Penalty Group 2 substance when the aggregate weight is 5 pounds or more but less than 4 ounces. If you happened to drive through a drug-free school zone, they will seek enhanced charges. "I had a dui case and Mr. Ansara made it go as smooth as possible. Possession of drugs on school ground zeroes. Defending against charges for a school zone drug violation may help to avoid harsh penalties and conviction. For help challenging the accusation against you, call Drehner Law at (832) 558-7798 or contact us online to discuss your case with our experienced attorney. Florida law dictates that to be charged with drug possession, the State examines three factors when proceeding with a case: - Illegal nature of the controlled substance: The State must prove that the substance in question is, in fact, illegal and specifically prohibited by Florida law to result in a guilty conviction. If you are a predicate felon with a non-violent or violent history, the sentence will increase lling Controlled Substances on School Grounds. If a judge feels as though the defendant exhibited especially criminalistic behavior, or if the juvenile has a criminal history and has been given opportunities to change in the past, they will likely be sent to adult court and processed as if they were over the age of 18. In order to be convicted of this crime, the prosecution must be able to prove the following three elements of the crime: Massachusetts laws consider cocaine a much more dangerous substance than marijuana, and characterize the drug as a Class B controlled substance.
Arizona Revised Statutes 13-3411 lays out the laws and penalties for drug violations near a school. Possession of drugs on school grounds in texas. Under normal circumstances, some possession, delivery, and manufacture of controlled substances offenses are charged as Class A misdemeanors. This act enhances the penalties for felony drug crimes committed within 1, 000 feet of a school, daycare facility, or park. It covers prescription medications, synthetic drugs, marijuana, and other controlled substances. New Jersey's additional criminal penalties for possession or distribution of illegal drugs apply if the alleged act occurs within 1, 000 feet of school property.
The Act applies to crimes for unlawfully manufacturing, delivering, or selling a controlled substance, as well as possessing a controlled substance with the intent to manufacture, deliver, or sell it. Delivery of less than ΒΌ ounce of marijuana without receiving payment. There are two basic ways to fight a felony drug possession case. If you are facing charges of this kind, call our Nashville drug crime attorneys at (615) 265-6383. State policy requires the protection of children from drug trafficking and the prevention of drug activity being present in schools. In adult misdemeanors, the charging instrument is called a complaint or information. Defending Juveniles Charged with having Illegal Drugs at School. The judge cannot show any mercy, or exercise any discretion in sentencing. In all Juvenile cases, the charging instrument is a petition.
To counteract these rampant pill mills, Florida legislature has cracked down on prescription pill laws. Drug offense on or near school grounds are governed under N. J. S. A 2C:35-7, which adds additional severe penalties to individuals convicted of this crime. However, 10 days must be given to the prosecution to permit the filing of an appeal. Possession of drugs on school grounds without. While the crime of drug possession is not as serious as some of the other drug crimes on the books, the Commonwealth of Massachusetts does impose some harsh penalties for those convicted of possession with intent to distribute illegal drugs or narcotics. Crimes involving possession or possession with intent to distribute have many defenses available, such as police entrapment, illegal search and seizure, lack of knowledge of the drugs, lack of the necessary intent, violation of Miranda Rights and more.
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