Possession of illegal narcotics and mind altering substances is a crime throughout the United States. However, all drug crimes are not the same, and the classification of drug crimes and the penalties for drug crimes vary depending on the drugs in question, the quantities of said drugs and whether or not the offender was involved in a conspiracy to distribute the said drugs for commercial gain.

Possession of paraphernalia used for the manufacture, preparation or consumption of illegal drugs can also result in a possession charge. Paraphernalia in this regard can refer to bongs, syringes, rolling papers and a variety of pipes among other items.

Drug Possession (for personal use)

According to the Controlled Substances Act 1984, if it is proven in court that someone is guilty of any of the following offenses, they can be convicted of a simple possession offense. These are:

• To have possession of a controlled drug
• To smoke, consume or administer to him or herself, or to allow another person to administer to them, a controlled drug
• To have possession of any piece of equipment for use in connection with the smoking, consumption or administration of a controlled drug
• To have possession of any piece of equipment for use in connection with the preparation of a controlled drug for smoking, consumption or administration

Maximum penalties for a simple possession offense are $2000 in fines or imprisonment for two years or both for drugs other than cannabis. For cannabis, the penalties can depend greatly on the state, since attitudes about marijuana and the legal status of the drug is changing around the country these days.

Drug Possession (with intent to distribute)

An individual cannot be charged with possession with intent to distribute unless the possession and the intent to distribute have occurred at the same time. So, if an individual is only in possession of a small amount of an illicit substance that cannot be of any viable commercial value, but is more likely to have been kept for personal use, then that person cannot be charged with intent to distribute.

Similarly, if a person or group of persons have a conspiracy to acquire drugs to sell to make a commercial profit, but have not yet acquired the drugs in question, they cannot be charged with possession (with intent to distribute). However, they can be charged with the crimes of conspiracy to possess and attempt to possess, depending on the circumstances.

Drug possession for sale is usually charged as a felony offense. The specific penalties can vary depending on the state where the crime is charged, the previous criminal record of the accused and any evidence that the accused has ever sought treatment for a drug abuse problem. In some states, possession with intent to sell schedule II drugs, such as cocaine or methamphetamine, can lead to sentences of 2 to 4 years in a federal prison and fines of up to $50,000. In certain states, the occurrences of certain aggravating factors, like previous drug offenses or the illegal possession of firearms at the time of arrest, can lead to sentences of up to 40 years in prison.

Most people who find themselves in trouble for crimes like shoplifting or petty theft often think that the item they are stealing is of too little value to land them in big trouble. However, the consequences of illegally taking something that is not yours can still result in significant penalties. Depending on the value of the item shoplifted and the circumstances surrounding the theft, a petty shoplifting crime can still result in a jail sentence for up to one year and up to $2000 in financial penalties.

How to proceed in a shoplifting case?

There is no standardized way to predict a shoplifting case because the value of what was stolen could be very little, like a piece of candy, but it could also be very large, like a piece of expensive jewelry. Shoplifting laws also vary greatly from state to state. Since the nature of shoplifting cases see so much variation and are generally complicated, if you find yourself charged with shoplifting, your first course of action should be to hire an experienced and reliable criminal defense attorney.

Your attorney will most likely proceed by asking you a series of questions to gain an overview about the case at hand. You should answer all these questions as truthfully as you can so your attorney can help you. These questions will most likely be:

• What is the value of the item or items you stole?
• Were you intoxicated when the incident occurred?
• Are the items you stole related to a substance abuse problem?
• Was someone else involved in the plan to commit the theft? How many people were they? Were they minors? People with developmental disabilities or elderly?
• Is there any video or audio evidence of the crime?
• What is your criminal history?

Severity of shoplifting charges

In the same way as other theft or larceny related charges, the severity of shoplifting charges depends on the value of the items stolen and the items themselves. Certain items like firearms, explosives, incendiary substances, large quantities of a controlled substance (such as prescription drugs with a potential for abuse like Adderall or Oxycodone) or materials used in the manufacture of a controlled substance can lead to more severe penalties.

In most states, the spectrum of shoplifting charges runs from a low level ‘infraction,’ to a ‘misdemeanor,’ and in certain cases, even to certain degrees of ‘felony’ charges.

Where the charges against you will lie depends on your previous criminal record. Prior convictions and prior theft convictions in particular will generally make the charges against you harsher. In certain states, prior theft convictions result in more severe charges automatically. These can even be felony charges known as “petty with a prior.”

If your crime is relatively insignificant, for example if you have stolen a small perishable food item worth less than $20 and it’s the first crime on your criminal record, but the state does not want to drop the charges completely, you may have the option to participate in a pretrial diversion program or deferred prosecution. This is a type of plea bargain in which you will be required to pay a fine and most likely also complete community service.

If you are facing a shoplifting charge, get in touch with a criminal defense attorney immediately to defend your case and protect your rights. Taking the matter lightly will only complicate the issue and result in an increase in the penalties.

We are all-too-familiar with driving under the influence (DUI), what with all the road mishaps and the injuries and fatalities they bring every year. But many do not know there are also laws against boating under the influence or BUI. Of course, not too many people own or drive boats, which is probably why awareness about BUIs is not that widespread. Nevertheless, learning the ins and outs of BUI is just as important, because roughly half of all deaths in boating accidents involve alcohol according to the U.S. Coast Guard, and you wouldn’t want to be caught up in one. Read more →

The Arizona DUI Court Process

The DUI Court Process can be a very intimidating process for anyone–especially for someone that has never been involved in the court process before. Mrs. Shah is extremely familiar with the Arizona DUI and Criminal Court processes throughout the entire State of Arizona. Mrs. Shah can help you navigate through this uncomfortable and complicated process.

During your initial court hearings, you very likely do not need to attend, Mrs. Shah or one of the Shah Law Firms experienced attorneys will attend on your behalf. Typically a DUI case takes several months to resolve as there are several steps that need to take place (obtaining reports, negotiating with the assigned prosecutor, etc.). It is also during this time that Mrs. Shah will be able to use her experience and best efforts to negotiate the best possible resolution of your DUI case.

In most cases, a resolution can be achieved without needing to go to trial. However, in certain cases, it may be more beneficial for you to proceed to trial. As a en experienced trial attorney, Mrs. Shah can develop the best possible trial strategy and defense if you decide to take your case to trial. Read more →