A Controlled Substance Lawyer is paramount when you are charged with the possession of a controlled substance, which involves the possession of drugs or drug paraphernalia. A controlled substance is defined by federal laws as well as various state laws.
You’ll need the assistance of a Controlled Substance Lawyer when your controlled substance charge is determined by the police in these three ways:
- Actual Possession—when you physically have control over the substance.
- Constructive Possession—when the substance is found on or around the person’s property. More than one person can be charged with constructive possession of the same substance.
- Shared Possession—a defendant can be convicted of possessing a controlled substance or drug if the prosecution can establish the accused had partial control of the substance and shared it with another person.
Possession of a controlled substance is often established during investigations of other crimes. For example, if a suspect is subjected to a pat-down search for a violent crime and drugs are found in their pocket, they might be charged with possession of a controlled substance in addition to the violent crime.
An experienced Controlled Substance Attorney can ensure that police had followed legal procedures in their search and discovery of a controlled substance. Illegal search or coercion or violence during search and seizure can result in the case being dismissed.
Penalties for possession of a controlled substance depend on how the substance is classified, which can be found in the state listing of controlled substances. They’re generally organized according to how dangerous the drug is and its potential for treatment versus potential for harm. A qualified Controlled Substance Attorney is well versed in all Federal and State laws and their varying classifications.