Drug or Narcotics offenses may be tried in either state and federal courts. Some offenses violate both state and federal laws, in which case prosecutors will review statutes to see which jurisdiction corresponds most to the alleged offense. Availability of resources and each legal system’s policy considerations as well as punishment will also be taken into consideration.
Whether a narcotics offense is charged as a felony or misdemeanor is based on the amount and type of drug as well as the drug activity involved. Possession generally carries lesser penalties as compared with drug trafficking, which involves the cultivation, manufacture and distribution of drugs. However, if the quantity in possession is substantial, then possession may be charged as a felony.
Sands & Moskowitz, P.A. has extensive experience in representing clients charged with narcotics offenses. Obtaining an attorney as soon as possible is always to your advantage in defending against drug charges. Even if you only suspect that you may be under investigation, skilled representation can often help you to avoid being charged with a narcotics offense or lessen the punishment if charged. There are many ways for a skillful and experienced attorney, such as those at Sands and Moskowitz, P.A., to work around or through sentencing guidelines to lessen the severity of the sentence even if one is found guilty or pleads guilty.
The 4th Amendment to the Constitution, which involves the freedom from illegal search and seizure, is often implicated as a defense strategy in cases of alleged narcotics offenses. Investigation of motives for entrapment may also become part of our legal approach to your case. Our lawyers also work with the prosecution and judge whenever possible to pursue other alternatives to jail or prison, such as rehabilitation treatment programs.
In alleged narcotic offenses, asset forfeiture frequently becomes an issue, against which our law firm is also provides skilled criminal defense.