Adults convicted of the sale or possession of illegal drugs in a school zone, park zone, public housing zone, or drug treatment facility can be sentenced as follows: Sale of Narcotic Drugs, Methamphetamine, Amphetamine, Cocaine, Crack, Opium, Heroin, LSD, or five kilograms of Marijuana. Defendant's Control: The State must prove that the defendant had control over the location and presence of the controlled substance. 781) 320-0062, or Ph. From a Class A Misdemeanor to a State Jail Felony. Drug possession charges can be defended. The law* is tough on anyone caught selling or possessing illegal drugs in or within one city block or three hundred feet of any Minnesota: - Park. The prosecution must also demonstrate that the alleged crime occurred in a "school zone", as defined by law. The justice system tends to be strict on youth who use drugs as a means of deterring other young people from engaging in the same behavior. Frequently Asked Questions (FAQs) About Facing A School Zone Drug Charge. The second way to fight a drug possession at school case is on the facts.
You have heard of charging instruments though, you may not know it. District attorneys are extremely aggressive in using the Drug-Free School Zone Act to prosecute anyone allegedly selling, possessing, or transporting drugs near a school. Manufacture, delivery, or possession of a substance in Penalty Group 3 or 4 when the drug's aggregate weight is 28 grams or more. This crime carries with it the same penalties as Possession with Intent to Distribute heroin or any other Class A, and can be found in the above paragraph. For help challenging the accusation against you, call Drehner Law at (832) 558-7798 or contact us online to discuss your case with our experienced attorney. This flyer is published pursuant to Minnesota Statute § 152. From a Class B Misdemeanor to a Class A Misdemeanor. Because of these potential consequences, even if you have been charged with one of the less serious drug possession offenses you should immediately contact a Denton criminal defense attorney who has experience defending those accused of drug possession. If you did not know there were drugs in the backpack you were holding for a friend, for example, then you are not guilty of possession of drugs at school. State policy requires the protection of children from drug trafficking and the prevention of drug activity being present in schools. Delivery or possession of marijuana when the amount is 5 pounds or more. If, however, the location of the alleged crime is not regularly used for school purposes, then a skilled New Jersey school zone drug charge attorney may use that as part of the defense. "Just wanted to say what a professional law firm "The Ansara Law Firm" was in handling my case and can't thank Richard enough for keeping me calm and letting me know the status of my case.
This crime broadly defines "school grounds" as in or near any actual school grounds, school buses, child daycare facilities, or educational facilities. If you or someone you care about is facing this charge or other Massachusetts drug offenses, the decision you make about who to hire as your attorney will literally determine your future. The following offenses have enhanced penalties associated with drug free school zones: If convicted of any these offenses in which prosecutors can prove the defendant engaged in the offense in a drug free school zone, the convicted person will face a presumptive sentence, minimum sentence and maximum sentence is increased by one year. We can analyze your case and determine how to best defend your interests. In order to be convicted of this crime, the prosecution must be able to prove the following three elements of the crime: Under Massachusetts, drugs such as heroin are classified as Class A controlled substances. Inside, or on any property belonging to, a drug treatment facility. Distribution of Heroin. If a judge feels as though the defendant exhibited especially criminalistic behavior, or if the juvenile has a criminal history and has been given opportunities to change in the past, they will likely be sent to adult court and processed as if they were over the age of 18. Also, there is a major difference between a County Jail/House of Correction, and a State Prison: County Jails typically house lower-level offenders who are not generally very violent.
The prosecution must prove beyond a reasonable doubt that the defendant did, in fact, distribute, dispense, or possess a CDS with the intent to distribute the drug. Call (480) 413-1499 to set up a free consultation. New Jersey's "drug free school zones" do not include colleges and universities because New Jersey's laws surrounding drug crimes and schools are designed to protect children under the age of 18 years.
Experience matters in these cases. The law provides that any person who knowingly or intentionally manufactures, distributes, dispenses or possesses heroin with the intent to manufacture, distribute or dispense is punishable by the following: Under this law, a fine may be imposed on the offender but will not take the place of the mandatory jail sentence. For a conviction, the state must prove that the property on which the crime was committed was within 1, 000 feet of school property and used for school purposes. Likewise, it does not matter that school was not in session, that no children witnessed the crime, or that no minors were involved in the offense to trigger enhanced nalties for School Zone Drug Violations. Public or private elementary and secondary schools. State prison is altogether different: Trust us, you don't want to end up there. Tennessee has made aggressive efforts to protect teens and kids from illegal drug activity, including laws that provide stiffer sentences for drug crimes committed near schools. This is largely due to the way that the statute was written, in response to enormous public pressure on the Massachusetts Legislature to "do something serious" about drugs and school-age children. That is why you and your child need a good attorney.
There are two basic ways to fight a felony drug possession case. Because of this, what was once penalized by a maximum jail term of 180 days is now punishable by up to 1 year in jail. That presumption may only be overcome if the court finds that the defendant's conduct exposed minors to the dangers that are incident to illegal drug activity. Delivery of less than ¼ ounce of marijuana without receiving payment. You really do care about your clients and made me feel at ease during my legal issues! "Look no further, Rob McKinney is the defense attorney you need. A "school zone" is defined as a location that is: - On school property.
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