Being charged with a drug offense can be scary — especially if your case seems to be evolving. Before prosecutors try a case, they have a lot of different factors they may need to consider.
A criminal drug trial could lead to incarceration, fines and other punishments. However, the severity of your charges and the potential punishment often depends on the evidence available. Here are a few questions that prosecutors may ask before proceeding with a case:
What was the type of drug in possession?
Drugs are categorized into five different schedules under the Controlled Substances Act. Each schedule represents the potential for abuse of a drug and the severity of the associated potential criminal charges. Drugs that can be bought in stores typically have a low potential for abuse. This means charges for illegally possessing these kinds of drugs can lead to lesser punishments. However, possession of highly addictive substances that cannot be legally obtained leads to harsher charges.
What was the quantity of the substance?
How much of a substance a defendant had in their possession when they were arrested can influence criminal proceedings. Generally speaking, if someone is found with a small quantity of an illegal drug, it may be presumed to be for personal use. When the quantity is larger, however, prosecutors may assume that the drugs were about to be sold. That can turn a possession offense into a trafficking charge.
What was the intended use of the substance?
Someone who is a low-level dealer in street drugs will likely face lower charges than someone who is thought to be moving large quantities of the drug across state lines. If the prosecution believes that you are part of a larger drug operation, they may seek to make an example of you.
Are you facing criminal charges for drug possession? You may need to seek professional legal guidance to help you build a criminal defense.