Drug Crimes Center

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Frequently Asked Questions about Drug Crimes

Q: What are the common legal challenges raised in drug cases?

A: The most common challenges in drug cases relate to how the evidence was obtained. If the police violated the defendant's Fourth Amendment search and seizure rights or Fifth Amendment rights against self-incrimination, the court will suppress the drugs or statements as being unlawfully obtained. Without this evidence, the prosecution may not be able to prove its case beyond a reasonable doubt and the case may be dismissed as a result.

Q: How is drug court different from regular criminal court?

A: Drug courts combine criminal justice and medical treatment models to deal with drug crimes. They recognize that incarceration may not be the most effective method for breaking the cycle of drug addiction and crime, especially for first-time and low-level offenders. Drug courts emphasize a cooperative approach between the prosecutor, defendant and court, and they favor rehabilitation over jail. Successful completion of drug court programs can result in reduced charges or sentences, or dismissal of charges altogether.

The serious consequences that can result from drug charges require immediate intervention from a criminal defense attorney who knows how to protect your rights and negotiate the best possible result according to the facts and applicable law. Don't delay. Contact our firm today to schedule a consultation with a criminal defense attorney.

When you have been charged with a drug crime, the consequences can be severe. Contact our firm today to schedule a consultation with an attorney who will guide you through this complex area of law and respond aggressively to secure a timely, cost-effective conclusion to your legal problem.

When you are facing drug charges, working closely with an attorney who will explain clearly all your rights, options and potential consequences can help to ensure that you make decision that are in your best interests. Contact our firm today to schedule a consultation and case evaluation with an experienced criminal defense attorney.

When you are faced with jail or prison time as a result of drug charges, an attorney who has regularly advised and represented clients in criminal drug law matters can help you to achieve a cost-effective and timely resolution. To learn more, contact our firm to schedule a consultation and case evaluation with an experienced criminal defense attorney.

Hiring an Experienced Criminal Defense Attorney can Help

When accused of committing a misdemeanor or felony drug charge, the best thing that you can do is to hire the talents of a criminal defense lawyer. The skills of a lawyer can help you avoid making mistakes that could jeopardize your case, and spot issues that can challenge the criminal allegations made against you. With a law firm with over 20 years of legal experience, we at the law office of Robert E. Smith in Fairfax have the skills to investigate your case thoroughly and challenge illegally obtained evidence - all things that are critical to the success in your case. We will help you make the appropriate decisions in your case to maximize your chances of success. For more information about how our firm can assist you in your defense against drug charges, contact our office in Fairfax, Virginia, for a free telephone consultation.

Drug Crimes - An Overview

Drug crimes cover a broad range of offenses involving controlled substances, from possession and sale to manufacture and distribution. These crimes involve violations of federal or state law, or both. Depending on the particular circumstances of a case, these offenses can result in a broad range of potential criminal and administrative consequences, including probation, prison, property forfeiture and participation in a court-ordered drug treatment program.

Though more severe charges typically result in harsher penalties, even less serious charges, such as possession of a small amount of a controlled substance, may have severe consequences, especially if prior convictions, firearms, activity near protected zones (e.g., schools and parks), or minors are involved. If you have been charged with a drug crime, consult an experienced criminal defense attorney from Ronald E. Smith, P.C. in Fairfax, Virginia to discuss your legal options.

Federal Drug Crimes

The Comprehensive Drug Abuse Prevention and Control Act of 1970, also known as the Controlled Substances Act, classifies narcotics, marijuana and other drugs into five categories, or Schedules. Besides establishing requirements relating to manufacture and distribution of drugs, the law also defines penalties for violations of the Act. Depending on the nature and quantity of the substance involved, as well as the presence of sentence-enhancing factors, the criminal penalties can be severe. If you are facing federal drug charges, consult with an experienced and knowledgeable criminal defense attorney at our firm for advice on the law, your rights and how to proceed.

Searches and Seizures in Drug Cases

The Fourth Amendment to the United States Constitution protects individuals against unreasonable searches and seizures by the government. Particularly in drug cases, the legality of how law enforcement officials obtained the evidence used to support the State's case is a central and often-challenged issue. If the government's conduct violated the Fourth Amendment, the evidence is deemed inadmissible. Without the necessary evidence to prove the criminal charges, the State may have to dismiss its case against a defendant. If you have been charged with a drug crime, an experienced criminal defense attorney at our firm can advise you whether the evidence leading the charge may have resulted from an illegal search or seizure.

Criminal and Civil Forfeiture

Forfeiture is the government seizure of property connected to illegal activity. Utilized by the federal and state law enforcement in the ongoing "war on drugs," the practice has not been without controversy. Law enforcement has asserted that it is a necessary and effective deterrent to drug crime, while opponents argue that existing procedural safeguards result in too many innocent parties having their property taken away, with little or no recourse for recovery. If your property or assets have been the subject of a criminal or civil forfeiture, it is important to consult with an experienced forfeiture defense attorney to understand your rights and options.

Alternatives to Incarceration in Drug Cases

Since the late 1980s, there has been a dramatic shift in the approach of the American justice system toward drug crimes. Drug courts, which operate or are being planned in all 50 states, offer an alternative to traditional incarceration. By providing a structure that emphasizes substance abuse treatment and on-going supervision, drug courts aim to rehabilitate and reduce repeat offenses. Consult with an experienced criminal defense attorney at our firm to learn the range of alternatives to jail that may be available to you.

Drug Crimes Resource Links

Illegal Drugs Information
This Web site provides facts, policy issues and public opinion information about illegal drugs from Public Agenda, a nonpartisan opinion research organization.

Drug Courts
Maintained by the National Criminal Justice Reference Service, this Web site provides information about the history, operation, organization and goals of drug courts throughout the country.

Federal Drug Trafficking Penalties
This United States Drug Enforcement Administration (DEA) site lists the penalties for federal trafficking offenses by drug, quantity and offense level.

Criminal and Civil Forfeiture
This page, maintained by the Legal Information Institute of Cornell University Law School, gives an overview of the government power to seize of property connected to illegal activity and explains the difference between criminal and civil forfeiture.

The Fourth Amendment
The Fourth Amendment to the Constitution prohibits unreasonable searches and seizures. This site provides the full text, history and scope of this amendment.

The Fairfax, Virginia law firm of Ronald E. Smith, P.C. is committed to defending the rights of clients charged with felony and misdemeanor crimes, DUI/DWI offenses, and traffic violations throughout Fairfax County, Prince William County, and Loudoun County in Northern Virginia including communities such as, Vienna, and Herndon.