Docstoc

Austin Lawyer » Fighting A Drug <strongDistribution<strong Arrest The Following Is Your

Document Sample
Austin Lawyer  » Fighting A Drug <strongDistribution<strong Arrest  The Following Is Your Powered By Docstoc
					Hire the Finest Austin Criminal Lawyer! Drug distribution/transporting
laws penalize the selling, transport, and unlawful import of illegal
controlled substances into the US such as marijuana, methamphetamine,
cocaine, LSD, heroin, and "club drugs". Therefore, drug
distribution/transportation crimes may fall under a group of crime viewed
as an organized unlawful activity which may add even more charges to a
defendant's offense and increase the penalties if found guilty.
Ownership or sale of these drugs is not necessarily an element of the
crime, making motive a factor in the prosecution of
distribution/transportation court cases. Drug distribution/trafficking
laws may implicate a single individual or possibly a broad ring of people
involved in the criminal offense. Transporting of controlled substances
over a state line or perhaps a country's border is defined as a federal
offense with significant penalties which could possibly include the death
penalty for drug kingpins. Delivery of a drug is defined as the actual or
attempted transfer of a drug from one individual to another. Delivery and
distribution are treated as separate violations under the Controlled
Substance Act. Money does not have to change hands for someone to be
arrested for the selling of drugs. As an illustration, you may be found
guilty of delivering a controlled substance even when others perform the
physical act of delivery and you do not receive any sort of money for the
transaction. As an example, a defendant was present while another
individual delivered and sold cocaine to an undercover agent. Evidence
that the defendant brought a mirror to the transaction in order to help
measure the cocaine was all that was needed for a charge of delivery and
sale of drugs. Even though the defendant told law enforcement that she
received merely a one-half gram of cocaine in exchange for her help with
the drug sale, she was convicted for illegal delivery and sale.
Distribution";
//-->

Distribution is defined as the delivery of a controlled substance other
than for the administering or dispensing of it. A person is usually
guilty of distribution when the person transfers a controlled substance
to another person. The transfer may be actual, constructive, or
attempted. The transfer is actual whenever a person physically transfers
the controlled substance to another; it is constructive, when the
government can establish that a person intends to sell or distribute an
unlawful substance through their actions or when the quantity of drugs in
their possession is significant; it is attempted when the person attempts
to transfer the controlled substance to another, but is otherwise
prevented from doing so. Anyone who intentionally participates in
bringing about a drug transaction, even if only as a translator, is
regarded as a deliverer of a controlled substance.Dispensing of drugs for
medical purposes is allowed under extremely specific regulations.
However, should a physician dispense drugs outside of the scope of his
medical practice, this individual can certainly be convicted of drug
crimes, as in U.S. v. Singh, (4th Cir. 1995), in which a physician traded
drugs for intimate favors with patients hooked on prescription drugs.
Transportation and distribution of drugs tend to be more severe offenses
than is the offense of drug possession; and these crimes bring about the
potential for serious penalties. Anyone contending with drug charges for
drug importation, drug transportation, or drug distribution and sale
(excluding small quantities of marijuana) are usually charged with a
felony. A drug transportation/distribution charge may result in one or
more years in a state prison including a permanent criminal record.
Vehicles, residences together with other possessions tied into a drug
transaction may perhaps also have to be forfeited.The sale of drugs is
invariably a felony arrest. A sale of under 40 kilograms of marijuana is
known as a felony under federal law, and is punishable by five years in
jail and a $250,000 fine. The penalty for the sale of "harder" drugs,
crack and heroin, may include a life sentence. Sentences and fines are
often depending on the quantity of the sale, the previous criminal
history of the defendant, the presence of firearms on the defendant
during the transaction, and whether minors were involved in the
transaction or not.Mere possession of a controlled substance doesn't
demonstrate specific intent to distribute or sell the drug. Intent can't
be proven by use of direct evidence (evidence primarily based on a
witness's firsthand knowledge) or circumstantial evidence (evidence based
on inference); a distributor should know that he or she is in possession
of a drug intended for distribution.Defenses for
Distribution/Transportation Defenses for drug distribution/transportation
criminal charges usually involve the violation of the Constitutional
rights of the person charged. Due process requires that every element of
the crime be proven beyond a reasonable doubt, a very high standard when
trying to prove the elements in a distribution/transportation criminal
offense . Additionally, the Fourth Amendment to the U.S. Constitution
protects individuals from unreasonable searches and seizures. The
unreasonableness will depend on the basic facts and circumstances of each
case. If the police illegally searched you, or illegally seized your
property and assets, an Experienced Austin Criminal Defense Lawyer could
very well be able to have the criminal charges dismissed.Some other
proven effective defenses for distribution/transportation charges include
entrapment and illegal surveillance, both of which a person is
constitutionally safeguarded against under certain situations.If you had
been in a vehicle containing drugs that was stopped, but you were a
passenger, the prosecution should establish that you were in possession
and had understanding of your possession. You can't be found guilty of
any drug charge ;if you didn't realize the drug had been there.An
Experienced Austin Criminal Defense Lawyer will make sure your rights are
preserved and if police officers didn't follow proper procedures, they
will have resulting evidence dismissed. Austin Drug Distribution Defense
LawyerIf you face any type of of drug charges, the prosecution will
attempt to press the most serious criminal charges possible. Should you
have to deal with drug distribution charges or you have been charged with
conspiracy with intent to distribute, a conviction could mean an extended
jail sentence and forfeiture of property. The police are not your
friends. Your very best chance is to speak to an aggressive lawyer and
keep your mouth shut.If you are found with scales, drugs, and other
distribution materials, you will likely be arrested for possession with
intent to distribute. Depending on the amount of the drug involved, you
could lose vehicles, cash, and even your home if found guilty. Providing
the aggressive criminal defense you deserve, a skilled Austin Attorney
will be available round the clock, 365 days /year.A knowledgeable Austin
Criminal Defense Lawyer will make sure the burden of proof rests on the
prosecution.The Best Austin Lawyer wwill treat you and your legal issue
with dignity and go to battle for you to defend your life, loved ones and
future. Whenever you or perhaps a family or close friend are dealing with
legal charges or a criminal defense inquiry, you would like an individual
you can depend on to assist you.Recommended for you:Austin Criminal
Defense Lawyer » Coping With A Marijuana Case? This Approach Is Your
Most Effective Plan Of Action.   , Austin Criminal Attorney » Coping
With A Marijuana Arrest? This Approach Is Your Best Plan Of Action.


Related Articles -
Austin Criminal Lawyer, Austin Lawyer, Austin Drug Crimes Lawyer, Austin
Criminal Defense Lawyer, Austin Criminal Defense Attorney, Austin Drug
Crimes,




Email this Article to a Friend!
Receive Articles like this one direct to your email box!Subscribe for
free today!

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:1
posted:2/12/2012
language:
pages:3
mr doen mr doen mr http://bineh.com
About just a nice girl