Possession of marijuana defense attorneys help clients charged with marijuana-related drug crimes. A drug possession conviction could lead to a number of consequences including jail time and large fines.
Even a first-time conviction may prevent you from getting jobs and participating in certain programs. A criminal record also shows up on background checks and could prevent you from gaining custody of your children.
Legality
Depending on the state, cannabis possession can be a misdemeanor or a felony. It’s also important to note that cities and counties can have different rules than the state.
In some states, possessing a small amount of marijuana is considered a civil offense instead of a criminal offense. This means that you will receive a fine and not be arrested. However, the record will still show up on your criminal record.
If police have evidence that you possessed marijuana and knew it was there, then they will charge you with possession. It’s important to have a defense lawyer that can investigate whether law enforcement officers had a Constitutional basis to stop you and search your car or property.
You can be charged with a felony if you have more than 1 ounce of marijuana or concentrated cannabis (hashish) in your possession. It’s also illegal to possess marijuana if you are under the influence of a controlled substance or drug.
Penalties
Prosecutors can charge a person with either a misdemeanor or felony based on how much cannabis they have. Felony possession of marijuana often results in prison time and fines. It may also make it difficult to obtain employment and housing. Felony convictions also disqualify a person from certain federal benefits and assistance programs.
The penalties increase if prosecutors allege that the defendant intended to sell the marijuana. This is because the crime is prosecuted as a drug trafficking offense instead of simply a possession offense. A criminal lawyer can help you defend against the charges of intent to sell or distribute.
The attorney may challenge the evidence that prosecutors have against you, such as proof of actual possession. This evidence is typically circumstantial and requires additional independent facts beyond proximity to the drugs to be established. The attorney may also use defenses such as challenging the lawfulness of the initial search and seizure. This is an important point as many marijuana-possession defenses hinge on whether police had probable cause to stop and search your vehicle or home.
Defenses
Possession of marijuana is a serious offense and the penalties for it can be severe. However, there are a number of defenses to the charge that your lawyer can use to help minimize these penalties and the long-term impact of a conviction.
The first step in a strong cannabis possession lawyer is to challenge the evidence that the police have against you. This means examining the search and seizure procedures that led to your arrest, identifying any instances where the police violated your rights and arguing that any evidence obtained during this process should be suppressed.
It is also important to consider whether or not you actually possessed the drugs in question. Possession can be actual, which means that the drugs are on your person or within your reach (like in your pocket), or constructive, meaning that you have control over them even though they’re not physically with you (such as in your house or car). Your lawyer should also challenge the allegations that you intended to distribute, sell, or grow the marijuana.
Representation
With marijuana laws changing in the United States, it is important to work with a criminal lawyer who is experienced in marijuana related charges. If you are facing marijuana possession charges, your best bet is to work with an attorney who will fight to have the charges against you reduced or dismissed altogether.
Cultivation of cannabis plants can lead to felony drug charges, unless it complies with state medical marijuana law and is used for personal use. A New York City marijuana defense lawyer could help you to get a case outcome that is more favorable for you, including the avoidance of jail time and fines.
A conviction for a drug crime, even if it is only marijuana possession or paraphernalia, can have a devastating impact on your life. It can make finding employment difficult, and it may also affect your ability to obtain housing or insurance. It could also show up on background checks for financial industry positions.
