Drug possession is typically the least severe controlled substances offense. It is illegally to purchase, store or consume controlled or prohibited substances. People accused of possessing illegal substances or prescription medication without a doctor’s recommendation could be at risk of prosecution.
Many people expect to face basic misdemeanor possession offenses. Especially if they do not have any prior criminal record, they may expect lenient treatment from the courts. They may feel shocked when they learn that the prosecutor has pursued a more serious charge than a misdemeanor possession offense.
Sometimes, seemingly insignificant details present at the time of a drug arrest can exacerbate an individual’s criminal charges. People anticipating possession offenses might end up facing felony drug offenses instead.
The amount of drugs at issue can influence charges
Not all possession offenses are automatically misdemeanors. The state has a degree of discretion based on the quantity of drugs involved. In scenarios where the state determines people had an unusually high amount of drugs based on weight, the charge might be a felony offense.
There are different thresholds for different substances. Possessing a small amount of a variety of different types of drugs could also increase legal scrutiny and the severity of drug charges. Many prosecutors try to bring the most serious charges that they can justify given the circumstances of an arrest. If a felony drug possession offense is an option, prosecutors may push for harsher charges and more serious penalties.
Other items could lead to serious questions
The drugs that police officers find are only one factor that could aggravate drug charges. The presence of certain types of paraphernalia could raise questions about the defendant’s intent. If they have individual packaging, scales or multiple unused consumption tools, state authorities may assume that they possess those drugs with the intent to distribute them to others. Possession with intent charges are typically felony offenses regardless of the circumstances.
Those facing felony drug offenses are at risk of jail time and life-altering criminal records. A guilty plea may leave them at the mercy of the courts for sentencing purposes. Reviewing the circumstances leading to an arrest with an experienced legal team can help people develop the best possible criminal defense strategy based on the allegations they’re facing. Defendants facing felony drug charges may need help evaluating their options before going to trial, and that’s okay.
