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! 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