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Not all drug charges are the same

Drug related charges vary considerably depending on the circumstances of the alleged crime. The charge you are facing is one of the primary considerations that you have to think about as part of your defense since these can impact the strategy options available.

Learning some of the finer points of these might help you to better understand what you are up against. Here are some of the most common drug charges that you need to know about:

Drug possession

A drug possession charge is used when a person has a quantity of drugs that is considered only enough for personal use. Many people think that the drugs have to be on one's person to face this charge. However, this isn't the truth. The drugs only have to be in an area that you have control over. For example, if you are sitting on a sofa and the drugs are in a drawer of the end table that is between you and a wall, you could be said to be in possession of the drugs.

Drug sales, distribution and trafficking

Selling, distributing and trafficking drugs all have to do with getting drugs to customers. The quantity of drugs that are in your possession have a significant part in which charge you will face. Selling drugs is associated with quantities that are too much for personal use but not enough for trafficking. Charges for trafficking are usually reserved for larger quantities of drugs that are being moved from one location to another. Distribution can occur when there isn't a definitive exchange of money in exchange for drugs, but can also be used in other instances.

Manufacture and cultivation

These charges have to do with growing ingredients for drugs or making the drugs. Examples of these would include cultivation of marijuana and manufacture of methamphetamine. These charges might be associated with other related charges, such as distribution or trafficking.

Drug paraphernalia

Items that are used for drugs are illegal, but this is a concept that can be difficult to consider. Some items that are used for drugs are also used for other things. A digital kitchen scale is one example of this. The circumstances in which the paraphernalia is found determines the intended purpose. For example, a digital scale that is on a living room table with razor blades and small baggies around it would likely be considered drug paraphernalia since these items are often used to cut and package cocaine.

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Law Office of John E. Fitz-Gerald, L.L.C.
1 Lakeshore Dr, Suite 1230
Lake Charles, LA 70629

Phone: 337-494-1200
Fax: 337-494-1009
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