New Haven Drug Possession Lawyer
In New Haven, drug possession means that an individual had the ability to exert dominion and control over a substance that is classified as a controlled substance or a narcotic. Typically, there are two ways an individual can possess one of these substances. If a person has it on their person, that is the quintessential possession. For example, the typical possession can be in a person’s pockets, wallet, or shoe. In addition, the police can charge a person with constructive possession.
If you are facing a charge of drug possession, it is crucial that you contact a New Haven drug possession lawyer as soon as possible. An experienced drug attorney will be able to mount a strong case to help reduce or dismiss any consequences you may be facing.
An individual can also be charged with constructive possession, which means that they have the ability to exert dominion and control over a particular area where the drugs are found. For example, if an individual is stopped in a motor vehicle stop, the police search the car, and inside the glove box they find a bundle of heroin, that is constructive possession.
The police could charge the driver of the vehicle with possession. The way they would do that is under a theory of constructive possession. The police will argue that there was no one else in the car and the driver exercises dominion and control over that area.
However, this very often leads to issues. For example, if a second person was in that car, it is sometimes hard to prove that any one person exercised dominion and control over that specific location. There are a number of issues with the theory of constructive possession, and it is something that gives rise to possible defenses and challenges to these types of cases. A knowledgeable New Haven drug possession attorney can assist in building a defense to combat a constructive possession charge.
Bringing Forward the Charge
There are a number of ways that these kinds of cases can arise, whether it came from a motor vehicle stop, an ongoing investigation, or a domestic call. Very often, they arise from motor vehicle stops, following a long-term investigation, a domestic complaint, or if the police are investigating another crime.
Very often, the police contact can lead to drug charges, because they will search individuals for their own safety. These types of charges, possession, and possession with intent to sell can arise from a number of scenarios, which can be defended with the experience of a New Haven drug possession lawyer.
Severity of the Case
The courts in New Haven view any drug crime seriously. They recognize that the possession, the sale, and the use of drugs can lead overdoses and deaths. Therefore, these charges are taken very seriously, and should only be defended using a New Haven drug possession attorney.
In addition to the overdoses, the prosecutors and judges very often connect the sale of narcotics to the use of guns and gangs. Between the overdoses and the violence that they connect with the sale of narcotics, they take these cases very seriously, so it is a top priority for prosecutors and they see the consequences of these drugs going far beyond just that of the use of the narcotics.
That being said, the courts recognize that there is a distinction between the use and the addiction associated with narcotics and the actual sale and the violence. Because of that, it is important to establish it is someone struggling with an addiction and not one engaged in violent destructive behavior. When drug possession attorneys in New Haven are successful in doing that and showing that their clients are willing to get treatment and address some of the underlying issues, it goes a very long way in reaching a successful outcome.
Factors impacting the seriousness of a charge depend on the amount of the substance, the person’s past and previous record, if they have been arrested before, whether they have been charged with prior drug charges, and whether they have prior drug convictions. The key factor to determining the seriousness of a drug possession charge is the substance itself and the individual’s previous criminal record.
The penalties for a drug possession charge can be very severe. They can include significant periods of incarceration, mandatory minimum fines, and probation. They can be very disruptive. Any time a person is facing possible incarceration, the penalty is severe. An individual should contact a New Haven drug possession attorney for assistance in lessening any potential consequences associated with a charge of possession.
There are a number of pre-trial drug programs that attorneys can require clients to engage in for treatment. There are many that are offered for first-time offenders, and these programs are beneficial because they can result in complete dismissal of the charges or avoidance of jail.
Very often, these programs require people to engage in treatment, provide drug testing, and show the court that they are clean and benefiting from this treatment.