Drug charges can range from simple misdemeanors to multi-jurisdictional federal felonies. Regardless of the charge, you need an aggressive and dedicated criminal defense attorney to help you obtain the most favorable outcome.
In Rhode Island, anyone arrested drugs can be held without bail pending a bail hearing and you have the right to the bail hearing within 10 days of your arrest. That means hiring an attorney as early as possible is critical to ensuring that you will maintain your freedom while you fight the charge.
Depending upon the nature of your drug crime, there may be alternative options to traditional prosecutions. These options include:
- Drug Court
- Deferred Sentences
- Diversion Program
Attorney Nee will assess whether you qualify for one of those alternative programs and advocate to the judge and prosecution to allow you to participate.
Drug possession crimes generally fall into two categories: possession for personal use and possession with intent to distribute. State and federal laws provide guidelines for determining whether the accused had the intent to distribute the drugs in his possession or was merely transporting the contraband for personal use. Factors considered include:
- Quantity of drugs in the defendant’s possession;
- Location of drugs when found (e.g., pocket or container);
- Presence of baggies or a scale;
- Observance of hand-to-hand transactions with others;
- Presence of large amounts of money in the defendant’s possession.
The maximum sentence for some drug crimes is 50 years at the ACI and often these cases are overcharged by the police to force defendants to plea. The presence of a firearm in conjunction with drugs can add even more years to these already long sentences.
Attorney Nee has successfully argued, in many cases, that the police violated her client’s Fourth Amendment privilege against illegal search and seizure to win cases or negotiate a reasonable plea agreement.
If you are facing charges relating to the cultivation of marijuana or the manufacture of illegal drugs, you should have a criminal defense attorney aggressively representing you. The law in this area is rapidly changing and the potential consequences are still severe.
Drug Sales or Trafficking
Drug trafficking activity often crosses state or national lines and could result in the involvement of federal authorities in your drug crimes case. If you are facing both state and federal drug trafficking allegations, your attorney may begin by arguing that only one prosecution is necessary. Your lawyer will also represent your rights to a reasonable bond as judges overseeing drug trafficking cases routinely post bonds in excess of $250,000.00
If you are caught engaging in drug sales, you could face serious felony penalties depending on the amount and type of drugs sold. There are also sentencing enhancements for drug sales within a certain distance of a playground, school or daycare. Regardless of the nature or extenuating circumstances of your drug sales charge, your lawyer should advocate for a reduction or dismissal of charges – particularly if this is your first offense or you are engaged in the sale of small quantities of drugs.
Call us Today for Help with Your Drug Crimes Case
Even if you are facing a misdemeanor penalty, you are best-advised to work with an experienced defense attorney throughout your case. Call today or fill out the contact form on the right of this screen.