Criminal Defense

For each crime committed there are a variety of defenses a defendant may use to prove his innocence, argue for the case to be dismissed or have his sentence reduced...

February 5, 2012

Innocent Until Proven Guilty

Filed under: Criminal Defense — Tags: , , — markj @ 7:00 am

If a person has been accused of a crime he did not commit, then from that person’s perspective, the presumption of innocence will be one of the more important principles used in the legal system of the United States today.

The presumption of innocence is more commonly referred to as innocent until proven guilty.  Being innocent until proven guilty means that in a criminal case, a person enters the trial given that he did not commit the crime of which he is accused, that he is in fact innocent of the crime.

The concept of someone being innocent until proven guilty is not a fundamental right provided by the Constitution of the United States.  However, the default belief that someone should initially be considered innocent of a crime was established in a court case in the late 1800s and has been used as the standard in the United States legal system ever since.

The prosecution, which refers to the attorneys who work for the government in a criminal case, have the responsibility or burden of proof in presenting evidence that proves their case and that the person accused of the crime did in fact commit the crime.  If the prosecution cannot present sufficient evidence to convince a jury that the accused committed the crime, then the defendant will be found not guilty.  As a result, the presumption of innocence will win out and thus allow the defendant to remain free.

For example, if a person is accused of robbing a convenience store, the accused is considered innocent of the crime at the start of the trial.  The prosecution must present evidence that would lead a reasonable person to believe that the accused did in fact commit the crime.  Evidence in a convenience story robbery might include:

  • Video footage from a security system installed in the convenience story that shows the accused taking money or merchandise without paying
  • Testimony from witnesses who saw the accused commit the crime or who the accused bragged to about having committed the crime after the fact
  • Physical evidence at the crime scene such as fingerprints of the accused
  • Items taken in the theft being found in possession of the accused, whether in the accused’s home, car, or place of work

Even though the legal system in the United States works using the presumption of innocence, it is possible for a person to be accused of and even found guilty of a crime though he is innocent of the crime.  Therefore, if you are ever accused of a crime of which you are innocent, you need to seek the counsel of a criminal defense attorney immediately in order to protect your rights and your freedom.

Likewise, a person can be robbed of their right to a presumption of innocence if the judge does not explain to the jury the proper definition of the presumption of innocence.  In such a case, if the jury does not work under the belief that the accused is innocent until proven guilty, the jury may unfairly find the accused guilty of a crime when in fact there is not sufficient evidence to demonstrate guilt.

Even if you did commit a crime of which you are accused, you are still considered innocent until proven guilty and you have the right to representation by a criminal defense attorney, who can help ensure you receive a fair trial and an adequate defense against the criminal charges.

February 2, 2012

Can I withdraw my plea after the verdict?

Filed under: Criminal Defense — Tags: , , , — markj @ 7:00 am

When you are charged with committing a crime, entering a guilty plea is not something that should be done lightly, even if you actually committed the crime.  Pleading guilty to a crime means that you give up your right to a trial based on the evidence, as well as that you waive your right to avoid self incrimination.  But what if you plead guilty to a crime and later change your mind and want to withdraw your plea?

In criminal cases, the defendant’s first opportunity to enter a plea is usually at a pre-trial session held before the court that is known as an arraignment.  At the arraignment, the court formally reads to the defendant the exact criminal charges levied against him by the state.  It is at this point, after the reading of the criminal charges, that the defendant has the first opportunity to enter a plea.

Assuming the defendant does not plead guilty, the case will go to trial.  The defendant has the option to withdraw or change his plea anytime during further pre-trial motions or during the trial itself, but the change must be for a good reason.  One common reason a defendant may change his plea from not guilty to guilty is as the result of a plea bargain.  A plea bargain is an offer by the prosecution for the defendant to be charged with a lesser crime and receive a lesser sentence in exchange for the defendant entering a guilty plea.  This allows the prosecution to obtain a guilty verdict without going through the time and expense involved in holding the actual trial.

But what happens if you plead guilty to a crime during your arraignment or at any point during the trial and you later decide you want to withdraw your guilt plea, changing it to not guilty?  Withdrawing your guilty plea is generally a difficult proposition.  If the trial is still ongoing and the judge or jury has not rendered a verdict, you must still demonstrate—not simply claim—that a good reason exists for withdrawing your guilty plea, as judges generally consider the withdrawing of a guilty plea an attempt by the defendant to waste the court’s time.  Good reasons for withdrawing a guilty plea vary by state but they commonly include:  being represented by an incompetent attorney or no attorney at all at the time you entered the guilty plea, being forced into entering the guilty plea, or there being a misunderstanding of the consequences of a guilty plea as the result of a language barrier or other issues.

If you have been found guilty in the trial and the judge has already sentenced you, then withdrawing your guilty verdict is even more difficult.  To withdraw your guilty verdict after you have been sentenced, you generally must demonstrate what is known as “manifest injustice.”  Manifest injustice refers to something that is blatantly improper or wrong in the eyes of the legal system.

The only common example of manifest injustice is when someone has been found guilty of a crime and new evidence arises that proves the innocence of the person.  In the case of such new evidence being available, the person can change his plea to not guilty and seek a hearing to consider the new evidence with the goal of having his guilty verdict overturned.

If a defendant enters a guilty plea, he cannot simply withdraw the guilty plea because he is having second thoughts about the decision or he is unhappy with the sentence that is given to him by the judge.  Even in cases where the defendant enters a guilty plea solely because the plea bargain offered to him appeared to be a better option than potentially being found guilty on a greater charge, and then the judge gives the defendant a stricter sentence than what he agreed to with the prosecution, such a situation does not constitute manifest injustice.  The prosecution can only recommend to the judge the sentence that was agreed upon with the defendant.  The judge may ignore this recommendation and still give the defendant a stricter sentence.  Therefore, a defendant should not enter into a plea agreement lightly.

If you have been arrested or charged with a crime, it is important to seek legal counsel from a criminal defense attorney about how you should plead in the case.  Even if you have entered a guilty plea in a trial and you are having second thoughts about the direction your attorney is leading you, obtaining another opinion from a trained criminal defense attorney can be a wise idea.  After all, the repercussions of entering a plea of guilty can stick with you for a lifetime.

January 30, 2012

Organized Crime

Filed under: Criminal Defense — Tags: , , — markj @ 7:00 am

The term organized crime refers to a centralized group of criminals who work together for the purpose of committing one or more illegal activities for monetary gain. As is the case in a company with a number of employees with different skills, organized crime allows individuals to combine their resources and skills toward the accomplishing of a single goal that they could not accomplish separately.  Such goals are often larger, more complex, and theoretically more profitable enterprises.

Organized crime can refer to a gang or rival gangs within a single city or what has traditionally been known as the mob or mafia with ties into various European countries.  Increasingly with the interconnectedness of individuals and companies via the Internet, organized crime has grown larger and more nimble, as it can more readily cross traditionally geographic boundaries that might have limited the reach of such organizations in the past.

The crimes committed as a part of organized crime can include but may not be limited to the following:

  • Assassination – Assassination is the killing of someone, such as a political leader or other person who has a position of influence or political stance that impedes organized crime or gang activity.
  • Blackmail – Blackmail is the threatening to reveal information to the public about a group or individual if that group or individual does not acquiesce to a specific set of demands from a gang or other group of organized criminals.
  • Counterfeiting – Counterfeiting is the production of fake versions of authentic items, possibly including money, works of art, drugs, clothing, or many other items.
  • Drug trafficking – Drug trafficking refers to the production, distribution, and sale of illegal drugs.
  • Identity theft – Identity theft is the taking of the identity of someone else for the purpose of tricking an entity or individual into giving the criminal the legitimate property of that person.  For example, through the identity theft of someone’s ID and password on a banking web site, a criminal can steal another person’s funds from their checking, savings, or other accounts, as the have the appropriate credentials that allow them to take the money.  In addition, identity theft can be the use of someone’s credit to obtain loans with no intent to repay, leaving the victim of the identity theft owing the money.
  • Kidnapping – Kidnapping is the capturing of an individual against their will and holding them for the payment of a ransom.
  • Political corruption – Political corruption refers to the use of bribery or other means to influence elected officials, law enforcement officers, or other government agents into performing acts or approving laws that are favorable to the illegal operations of organized crime.
  • Prostitution – Prostitution is the providing of sex-related services in exchange for money.
  • Tax evasion – Tax evasion is the false representation of a stream of income such that it is subject to a lesser tax than it otherwise should be or no tax at all because it is hidden from the government.

A single group of organized criminals or gang may focus on committing one, multiple, or all of the above-mentioned crimes, along with other illegal methods of making money.

If you are the member of a gang or other group that might be considered organized crime, it may mean you are guilty of a variety of crimes and subject to serious penalties, including lengthy jail sentences.  A criminal defense attorney can discuss your position and help provide a legal defense or otherwise guide you on how to best address your situation.

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January 27, 2012

Grand Theft Auto: It’s Not a Game

Filed under: Criminal Law — Tags: , , — markj @ 7:00 am

Motor vehicle theft, which is also known as grand theft auto, is a common property crime in the United States.  According to the Federal Bureau of Investigation (FBI) Uniform Crime Reporting (UCR) Program, in 2010 alone (the last year where complete data is available on property crime), over 725,000 incidents of motor vehicle theft occurred.

Motor vehicle theft is the act of taking or trying to take a motorized vehicle without the owner’s consent.  A motor vehicle can include but may not be limited to a car, truck, SUV, van, bus, or motorcycle.  Some states require a minimum value that the vehicle must exceed for the theft to be considered grand theft auto.  However, as this minimum value is typically less than $500, it is generally difficult to steal a motorized vehicle and not have in qualify as motor vehicle theft.

The manner in which the vehicle is taken does not particularly matter in determining if theft has occurred, so long as the end result is the unauthorized loss of use of the vehicle from the owner.  Even if you simply “borrow” the vehicle from the owner and return it to them after you are done, if you do so without the permission of the owner, you can be charged with motor vehicle theft.

Methods of motor vehicle theft can include:

Theft without access to the keys, where the thief breaks into the vehicle and starts the car by hotwiring it or simply tows the car away

Theft with access to the keys, where the thief is given the key by the owner—such as is the case with valet parking—but the thief does not return the car to the owner’s possession

Theft with access to the key when the vehicle is left unattended, such as when the owner leaves the vehicle running while briefly stepping into a convenience store

Theft through fraud by “purchasing” a vehicle using a fraudulent check or other monies that do not have the advertised value

Carjacking, where the thief forces the owner of the vehicle out of the vehicle in order to steal the vehicle

Grand theft auto is considered a felony in most cases.  This typically means that if you are convicted of this property crime, you will receive a sentence of at least one year in prison (if not multiple years in prison), as well as possibly fines, community service, and probation.  If you commit additional crimes while committing grand theft auto—such as kidnapping, assault, or identity theft—or you have a previous criminal record, you can expect the punishment for the property crime to be greater than if the auto theft is your first offense.

If you have been accused of or arrested for grand theft auto or a related property crime, you need the help of a criminal defense attorney.  Since grand theft auto is considered a felony in most situations, being accused of this crime is a serious accusation with significant consequences.  Therefore, rather than attempting to defend these charges on your own, you should seek help from a trained criminal defense attorney today.

January 24, 2012

Property crime: Types and Punishment

Filed under: Criminal Defense,Criminal Law — Tags: , , , , — markj @ 7:00 am

There are a wide array of felony crimes committed in the United States.  Some of the most common crimes are those that relate to property.

A property crime is any crime that relates to something that a person owns.  Common property crimes include the following.  The numbers in parenthesis are the approximate number of such crimes committed in the United States each year, as tracked by the Federal Bureau of Investigation (FBI) in their Uniform Crime Report for the most recent year available):

Burglary (700 crimes per 100,000 people).  Burglary is the illegal entry into a building, whether it is a residence, automobile, or commercial property, usually for the purpose of stealing property (but it can be related to the commitment of other crimes).  However, burglary has technically been committed as soon as you enter a property illegally, even if you do not have the opportunity to steal anything or commit an additional crime.

Burglary may also be called breaking and entering.

Theft (2,000 crimes per 100,000 people).  Theft is simply the taking of someone else’s property without that person’s consent.  Theft can include anything of value that, through the act of theft, you deprive another person of having or enjoying.

Motor vehicle theft (250 crimes per 100,000 people).  Motor vehicle theft is technically a subset of the crime of theft as a whole, but it is so common that it is deserving of separate mention.  Motor vehicle theft is the taking of someone else’s motorized vehicle.  Motorized vehicles can include but may not be limited to cars, trucks, boats, motorcycles, and trailers.

Arson (21 crimes per 100,000 people).  Arson is the intentional setting of a fire in an attempt to destroy property.  Arson is commonly associated with the burning of a building for the purpose of concealing another crime or committing insurance fraud, where with the destruction of the property the holder of the insurance policy would then be able to case in that policy for the insured amount.

As you can see from the statistics included above, theft is the most common property crime with arson being rather rare in terms of commitment rate as compared to other property crime.  This disparity in rates is largely due to opportunity, as it is simply easier for someone to commit theft on the spur of the moment when an opportunity presents itself rather than having to pre-meditate the act.

Property crimes are generally considered to be felonies, which means they are punishable by more than one year in prison.  However, this can vary somewhat from state to state depending on the exact circumstances of the crime.  The deterrent against property crime is enforcement of punishment by the jurisdiction where the crime is committed and the owner of the property simply taking measures to make the property a less desirable target.  Deterrents against property crime can vary depending on the type of property but may include alarms in the case of homes or automobiles to make it more obvious if a burglary or motor vehicle theft may be occurring or simply carrying your wallet in your front rather than back pocket where it is easier to steal.

If you are accused of having committed a property crime or believe you have been the victim of a property crime, you should contact a criminal defense attorney.  Regardless of which side of the crime you are on, a criminal defense attorney can help you know your rights and be sure you receive the best service possible within the law.

January 22, 2012

Appeal of a Conviction in a Court of Law

Filed under: Criminal Defense — Tags: , , — markj @ 7:00 am

An appeal is a request for another court, often known as an appellate court, to review the findings of a lower court.  In the case of a criminal conviction, an appeal is often filed by the defendant’s attorney in the hope that the appellate court will find the defendant not guilty, because the appellate court’s re-review of the case leads to some question about the outcome.

For an appeal to have a chance for success, the appeal must generally be based on one or more of the following:

Error of law.  An error of law refers to a mistake by a court in the interpretation or application of a specific law.  For an appellate court to consider an error of law in an appeal, the appellate court must deem that the error of law had a specific impact on the outcome of the case because it led the judge or jury to possibly render the incorrect verdict.

An error of law can include the court allowing evidence to be considered that should not be allowed, the court giving the jury instructions to consider the incorrect law when considering the evidence, or the meaning of a law being explained erroneously to the jury.

Error of fact.  An error of fact refers to a mistake by a court in the interpretation of specific evidence.  As with an error of law, for an appellate court to consider an error of fact in an appeal, the appellate court must determine that the error of fact influenced the outcome of the case.  It is generally harder to prove and receive an overturned verdict based on an error of fact than it is on an error of law.

Examples of an error of fact can include the age of a rape victim if the guilty verdict was based on the victim being a minor when the victim was in fact an adult or the need for a new trial because new evidence has been discovered by the defense that brings to question the facts on which the lower court based its verdict.

Error of procedure.  An error of procedure is concerned with a violation of the legal rights of a defendant sometime in the criminal process, including during the initial investigation, the arrest, the trial, and the sentencing.  An error of procedure can include an undue length of time passing between the arrest and the defendant being brought to trial, the police using inappropriate means to obtain a confession from the defendant, or the defendant not being given an adequate defense by their attorney.

 

You generally will be unable to appeal a criminal conviction if the guilty verdict was rendered because you plead guilty to the crime when tried by the lower court or if you have already lost a previous appeal related to the conviction.

If you believe your criminal conviction may have been based on an error of law, fact, or process and you would like help filing an appeal, you should contact a criminal defense attorney.

January 19, 2012

Paterno releases first statements about Sandusky allegations

Filed under: Criminal News — Tags: , , , — markj @ 7:00 am

Joe Paterno has released his first public statements after being relieved of his head coaching responsibilities for Penn State University’s football program.  Paterno was removed by the Penn State Board of Trustees because of the knowledge he had about at least one incident of alleged sexual abuse against Jerry Sandusky, a former defensive coordinator for the Penn State football team.  Sandusky is currently facing 52 counts of child molestation.

The 84-year-old Paterno, who is now undergoing treatment for lung cancer, noted that nothing to that point had prepared him with how to deal with a situation like the sexual abuse allegations levied against Sandusky.  ”I didn’t know exactly how to handle it and I was afraid to do something that might jeopardize what the university procedure was,” Paterno noted in an interview from his home.  “So I backed away and turned it over to some other people, people I thought would have a little more expertise than I did.  It didn’t work out that way.”

In 2002, Mike McQuery, an assistant coach with Penn State, told Paterno that he had witnessed what appeared to be Sandusky having inappropriate contact with children.  ”He told me what he saw, and I said, what?  He said it, well, looked like inappropriate, or fondling, I’m not quite sure exactly how he put it.”

Paterno passed that information about possible sexual abuse on to Tim Curley, the Penn State athletic director, and Gary Schultz, the Penn State vice president.  Even so, it is unclear what actions the men took to notify the authorities of the allegations or to curb Sandusky’s behavior, which was apparently allowed to continue up until his arrest in 2011.  In addition, Curley and Schultz are now charged with lying to a grand jury about what they knew about Sandusky.

Paterno is to this point not being formally accused of any wrongdoing.  However, there are very differing opinions about whether Paterno handled the situation appropriately and if he is receiving fair treatment after all of his years of service to the University.  Paterno has been involved with the Penn State football program for 61 years, and many Penn State alumni and others believe his forced removal from coaching responsibilities rather than allowing him to leave on his own terms is unfair after he had given so much of his life to the school.

However, critics believe that Paterno should have done more.  Even though he informed other officials at the school about the situation, when he saw that those officials had apparently not taken sufficient steps to remove Sandusky from the close access he had to children or bring his behavior before the police, critics are questioning why Paterno did not take further steps.  In their minds, Paterno’s apparent inaction and his recent statements give credence to the possibly that Paterno was more concerned about protecting the school than about stopping Sandusky and the child who her endangered by him.  The Board of Trustees for Penn State determined that Paterno’s failure to act more decisively given the knowledge he had about the sexual abuse was a detriment to Penn State as a whole and therefore his presence within the university football program could not continue.

It should be made clear that any form of sexual contact with a child is illegal.  If you have been accused of any form of sexual abuse with a child or you are aware of someone who has such contact, you should speak with a criminal defense attorney immediately.

January 16, 2012

Murder by 13-year old Maryland boy results in 85 year sentence

Filed under: Criminal News — Tags: , , , — markj @ 7:00 am

Usually the juvenile justice system—that is, the courts and laws concerned with punishment of children under the age of 18 who have committed a crime—is more lenient in handing out punishment than are the courts concerned with punishing adults who commit similar crimes.  This favorable treatment of children is given simply because it is assumed that children in general do not have as firm of a grasp on what is right and wrong as do adults.  Therefore, children are given a certain amount of leniency.  However, it was determined this standard of leniency for children did not apply to 15-year old Brian Wonson.

Brian Wonson plead guilty on Friday in court to the murder and attempted rape of his teacher, Hannah Wheeling.  Wheeling was Wonson’s teacher at a secure detention center for troubled children.  Wonson was only 13-years old at the time of the murder and attempted rape.  Wheeling was 65 years old at the time of her death.

Wheeling’s body was found outside her residence at the detention center.  Evidence indicated she has been beaten to death as well as sexually assaulted.  Her body was found by another staff member.

With the guilty plea entered by Wonson, the court sentenced him to 85 years in prison.  Given the applicable parole laws in the state of Maryland, he will be eligible for parole in approximately 40 years when he is in his mid-50s.

Evidence that led investigators to identify Wonson and bring charges against him for the murder of Wheeling included the presence of his DNA on a lanyard that was used by him in the attack on Wheeling and a sweatshirt covered in Wheeling’s blood with the name “Brian Wonson” written inside the collar.

Prosecutors sought such a lengthy prison sentence for Wonson in part because of his past criminal activity.  Wonson has previously attacked a teacher at the juvenile detention center where he was held.  In addition, prosecutors believe Wonson is responsible for at least one attempted murder.  This attempted murder case stems from when it is believed Wonson entered a woman’s apartment through an unlocked door and proceeded to stab the woman a number of times.  Wonson ran away when the woman screamed, but investigators were able to connect Wonson to the crime through fingerprints found on the knife used in the stabbing.

Prosecutors also sought the lengthy prison term because doctors believe Wonson is sane but basically evil and a sociopath, in need of potentially decades of treatment for him to be considered safe to function in society.  ” Prosecutor Wes Adams said of Wonson, “He exhibited no remorse, childhood onset anti-social personality disorder.  That’s not criminally insane, that’s dangerous.”

A sociopath is someone who is not able to abide by what society as a whole considers to be normal behavior or to believe that others have rights.  Therefore, they believe he is a danger to society long-term and is likely to repeat the types of crimes committed against Wonson and attempted in at least one other case.

“It’s a tremendous tragedy,” said state attorney Angela Alsobrooks.  ”There’s no answer for why a 13-year-old boy is capable, would be capable, of killing and raping in the manner that he did, but we are now satisfied that we have removed the threat from our community.  It is sad on so many levels.”

January 13, 2012

DUI: Five Common Penalties

Filed under: Criminal Defense — Tags: , , — markj @ 7:00 am

If you are arrested for DUI, or driving under the influence of a controlled substance, it can be a serious matter.  Not only can an arrest make your life difficult from the penalties you may get for the crime and embarrassment you may feel because you never thought a DUI would happen to you, but you could also have guilt if your actions injure or kill someone else.

Following are five of the common penalties that may be handed out to you by a court of law or in a plea bargain related to a DUI arrest.  Know that these penalties are not used in all jurisdictions or fall all offenses, but in general, the penalties will become more severe with each DUI arrest you receive and possibly depending on if you have other criminal offenses.

1.  License Suspension or Revocation

If you are arrested for a DUI and your blood-alcohol level is above the legal limit, your drivers license can be suspended.  The length of the suspension may be as short as 90 days for the first DUI.  With multiple DUIs, the suspension can be for one or more years.

Suspension of your license means that you will have to work out alternate transportation arrangements, such as using public transportation, carpooling, or riding a bicycle, to get to your job or simply to go out to buy groceries.

The blood-alcohol level at which you are considered drunk varies by state and your age.  If you are under the legal drinking age, the acceptable blood-alcohol level is lower than it is for an adult.  Keep in mind that for some states even if your blood-alcohol level is below the legal limited to be considered intoxicated, you can still be arrested if the police officer considers you impaired and unable to drive safely.  In addition, if you refuse to take tests to measure your blood-alcohol level, some states may have mandatory license suspension nevertheless.

2.  Vehicle Confiscation

Your vehicle may be impounded by the police, which simply means they will take your vehicle from you, and at a minimum you will have to pay the fees and take the time necessary to retrieve your vehicle.  With multiple DUI offenses, you may not be allowed to retrieve your vehicle only a period of time has passed, as the court may want to be sure you do not have a vehicle you can drive.

3.  Ignition Lock

Some states may place a locking mechanism on your car’s ignition system with a built-in breathalyzer.  This mechanism requires you to successful pass a breath test that measures your blood-alcohol level before you can start your car.

The timeframe for which you will have an ignition lock placed on your vehicle varies by state and with the number of DUI offenses.

4.  Alcohol Education and Treatment Programs

You may have to attention education programs about the dangers of drinking and driving or an alcohol treatment center if you are deemed to be an alcoholic and in need of help.

5.  Jail Time

A DUI can also result in you being arrested, especially when you have multiple DUIs or your DUI results in property damage or injury to another person.

 

If you have been arrested for a DUI, you should seek the help of a criminal defense attorney.  Because of the serious repercussions that can come with a DUI arrest, they are not something you should face on your own.

January 10, 2012

Controlled Substances and Criminal Charges

Drug possession refers to the possession of one or more of any controlled substances as defined in the Controlled Substances Act.  Although the Controlled Substances Act was originally established in 1970, the list of drugs that constitute a controlled substance is updated as needed based on current trends and drug-related activity.  Such changes to the list of controlled substances are made in partnership by the Drug Enforcement Agency (DEA) and the Department of Health and Human Services (HHS), based on areas of need they identify or possibly through recommendations by other parties or special interest groups with a concern related to drug abuse (e.g., pharmaceutical companies, medical associations, public interest groups).

The Controlled Substances Act places each controlled substance into one of five schedules based on the potential manners in which the drug may be abused and the severity of physical or psychological consequences related to abuse.  Some of the commonly recognizable drugs in each of these schedules of the Controlled Substances Act, as well as a brief description as to what kinds of drug fall into each schedule, include (but are not limited to) the following:

Schedule I (high potential for abuse, no accepted medical use) – heroin, marijuana, mescaline, methylamphetamine, peyote

Schedule II (high potential for abuse, has accepted medical use, abuse may cause severe dependence) – amphetamine, short-acting barbiturates, cocaine, codeine, hydrocodone, methadone, morphine, opium, oxycodone

Schedule III (potential for abuse, has accepted medical use, abuse may cause moderate dependence) – ketamine, steroids

Schedule IV (low potential for abuse, has accepted medical use, abuse may cause limited dependence) – diazepam, long-acting barbiturates

Schedule V – cough suppressants containing codeine, anti-diarrheal medication containing opium

Many of these drugs are considered legal with a prescription, but abuse of what historically was deemed purely prescription medication for medical use has grown in recent years as people search for new ways to gain a high through those drugs and earn extra income.  Therefore, these drugs make up may of those called out by the Controlled Substances Act as controlled substances.

Drug possession laws vary by state and at the federal level, but in general, the severity of criminal charges and the accompanying punishment if convicted increases with the following:  1. as the quantity of drugs in your possession increases, especially if the quantity is such that it is deemed to be for distribution to others rather than for personal use, 2. prior convictions related to drug possession or other crimes, and 3. as you move up the schedule of controlled substances (for example, drug possession charges related to a controlled substance under Schedule I are generally more severe than drug possession charges related to Schedule V).

Drug possession charges may only be misdemeanors in some situations but could be felonies in other situations.  The penalties for drug possession can include probation, fines, or jail sentences for multiple years.

Keep in mind that drug possession charges do not relate only to drugs found solely on your person.  A controlled substance found in your car, home, or other locations that can be directly linked to you can result in the filing of drug possession charges against you.  This can likewise apply if you are merely a passenger in a car where a controlled substance is found, as drug possession charges may be filed against all people in the car; therefore, it is wise to be sure you only associate with people who you know and trust not to involve you in such situations.

If you are facing criminal charges related to drug possession or other drug-related incidents, you should speak with a criminal defense attorney who can evaluate your individual situation and advise you based on those circumstances.

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