If you have been caught with a small amount of a controlled substance, you may be wondering what will happen next. While the penalties for possessing a small amount of a substance vary from state to state, most states treat possessing a small amount of a substance as a misdemeanor offense. This means that if you are convicted of possession of a small amount of a substance, you could face up to one year in jail and a fine of up to $1,000.
This article will provide an overview of the possession charge, the controlled substance, possible defenses to a possession charge, and how to handle a possession charge.
About The Controlled Substances
A controlled substance is a drug that is regulated by the government. Controlled substances are typically divided into three categories: Schedule-I drugs, Schedule-II drugs, and Schedule-III drugs. Drugs classified as Schedule-I are those with the highest potential for misuse and no recognized medicinal purpose. Examples of Schedule-I drugs include LSD, heroin, and marijuana.
Despite having a recognized medicinal use, medicines under schedule II are thought to have a high potential for misuse. Cocaine, oxycodone, and methamphetamine are examples of Schedule-II substances. Schedule III drugs are believed to have a reduced potential for abuse than those in Schedule I or II and also have a recognized medical use. Codeine and anabolic steroids are two examples of Schedule-III substances.
The Possession Charge
Possession of a small amount of a controlled substance is typically charged as a misdemeanor offense. If you are convicted of possession of a small amount of a substance, you could face up to one year in jail and a fine of up to $1,000. Depending on the state in which you are charged, you may also be required to complete a drug education or treatment program. In Colorado, for example, offenders who are convicted of possession of a small amount of marijuana may be required to complete a drug education or treatment program.
How to Handle a Possession Charge with a Small Amount of a Substance
If you are caught with a small amount of a substance in Colorado, there are a few things you can do to try to resolve the case without going to trial. Here are some options to consider:
Comply With The Official’s Request
Remember that you have the right to remain silent. You should not answer any questions or make any statements until you have consulted with an attorney. Second, do not resist arrest or try to flee the scene. This will only make the situation worse. Comply with the officer’s request and wait for your attorney to arrive.
Speak With A Criminal Defense Attorney
If you have been charged with possession of a small amount of a controlled substance, speak with a criminal defense attorney as soon as possible. If you are in Colorado, only the finest-trained and experienced Colorado DUI-D defense attorneys can evaluate the facts of your case and guide you on the best course of action. In addition, many states have mandatory minimum sentences for possession of small amounts of certain controlled substances, so it is essential to understand the laws in your state before speaking with an attorney.
Do Not Volunteer Any Information
Remain silent and do not offer any information to the police officer without an attorney present. Anything you say can be used against you in court, so it’s best to wait until you have legal representation before saying anything. Additionally, know that you have the right to refuse a search of your person or property if the police do not have a warrant. However, if the police search you and find a small amount of a substance, do not panic.
Realize That You Might Be Charged
While you could receive a jail sentence if convicted, many states now offer alternatives to incarceration for offenders, such as drug treatment programs or probation. If you’re facing drug possession charges, don’t panic; just be sure to take the time to educate yourself on the law and find an experienced attorney to help you through the process.
Be Cooperative If You Are Arrested
Being cooperative if you are arrested can go a long way if you are facing a possession charge with a small amount of a substance. The first thing you should do is remain calm and be respectful to the law enforcement officers. If you are asked to empty your pockets, do so without incident. You should also avoid making any sudden movements or reaching for anything without being asked. If you have any questions, ask them calmly and politely. Avoid making any statements that could be used against you, even if you are simply trying to explain what happened.
Possession of a small amount of a controlled substance is typically charged as a misdemeanor offense. If you are convicted of possession of a substance, you could face up to one year in jail and a fine of up to $1,000. Depending on the state in which you are charged, you may also be required to complete a drug education or treatment program. Lastly, if you have been charged with possession, consult with a qualified criminal defense attorney as soon as possible to discuss your legal options.