Blog

Se Habla Español

Call Today for a Free Consultation

203-348-5846

24 Hoyt Street, Stamford, CT 06905

Subscribe to this list via RSS Blog posts tagged in Connecticut drug crimes

<pCT defense lawyerWhile Connecticut is known for having decriminalized possession of small amounts of marijuana at a relatively early point in time, many tend to forget that the state’s law on possession of harder drugs is just as severe as that of any other. Drugs like cocaine and heroin are in a different medical classification group than marijuana, and the effect of possession and use on the public good is far worse. If you have been caught with harder drugs than marijuana, you definitely need to contact an experienced attorney to help you.

Possession and Intent to Distribute

Connecticut law recognizes two types of drug possession crimes - simple possession, and possession with intent to distribute. While intent to distribute is a crime carrying a long jail term, simple possession of hard drugs is still seen as a serious offense even if there is no intent to sell visible. This is because hard drugs have been documented to cause not acute harm not only to users, but to those around them as well. This idea of wanting to protect society, in general, is referred to as public policy, and drug offenses are often referred to as public policy crimes.

State law bars possession of any “narcotic, hallucinogenic or other controlled substance,” unless the person can produce a valid prescription for the substance from a doctor. If someone is caught with these drugs, the penalties can be quite severe because of the public policy considerations - for example, possession of heroin, even as a first offense, can lead to a jail term of up to seven years, plus a $50,000 fine. This is true even of simple possession - the rationale is that the state’s interests in ensuring the health and well-being of its citizens (as much as possible) warrants severe consequences for anyone bringing drugs into the community.

...

CT defense lawyerWhile in recent months, the possession of small amounts of marijuana has been decriminalized in Connecticut, it would be a mistake to assume that other drug laws are being similarly relaxed. This is especially true for those who have the intention to sell, and on top of that, those who sell more dangerous substances like heroin or hallucinogenic drugs may face even stiffer penalties. There is a hierarchy of sorts when it comes to Fairfield County drug offenses, and if you have been charged with one, especially with possession with intent to sell (PWITS), you need an attorney who understands the law’s specific nuances.

Intent May Not Matter

While it may seem confusing or counter-intuitive, Connecticut law surrounding possession of drugs versus possession with intent to sell does not make a distinction as to whether someone actually intends to sell the drugs or not. The law is structured in such a way that if you possess a certain amount of a drug, you can be charged with intent to sell it, whether you did have that intent or not. The only time intent actually becomes relevant as to whether or not you will be convicted is at trial - a jury may decide, for example, that you had no intent to sell drugs, and thus you should be found not guilty.

In some cases, you may not even have physical possession of the item you are charged with possessing - this is called constructive possession, and it means that you were able to exercise control over the item, even if it did not technically belong to you. For example, if drugs are found in your bedroom (after a valid search warrant is executed on the premises), you might be charged with possession since it is your room and because no one else can be said to have had control of the item while it was there. Generally, if you have a say in how something is disposed of or sold, you can be said to have constructive possession of it, and this is, in some cases, enough to charge you with possession with intent to sell.

...

Posted on in Drug Charges

CT defense lawyerTo be convicted of illegal drug possession, the state must prove beyond a reasonable doubt that:

  • You possessed the drugs;
  • What you possessed is actually an illegal drug; and
  • You were aware of the possession.

There are two ways you can get in trouble for illegal drug possession in Connecticut. The first is if you actually possess the drugs, and the other is if you constructively possess the drugs.

What Is Actual Drug Possession?

...

Posted on in Drug Charges

Connecticut defense attorneyIn July, seventeen individuals were charged with federal drug trafficking of both powder and crack cocaine in central Connecticut. Although drug trafficking is also prohibited by state law, the defendants in this case face federal charges as a result of their use of the U.S. mail to transport the substances across state lines. In addition to drug trafficking, the individuals are charged with conspiracy to distribute, and conspiracy to possess with the intent to distribute. If convicted, the defendants could face a minimum of ten years in prison.

All drug charges should be taken seriously, but federal drug offenses are even more aggressively investigated and prosecuted than their state counterparts, so if you have been accused of federal drug trafficking, it is critical to speak with an experienced Norwalk drug charges attorney who will aggressively represent your interests.

What Qualifies as Drug Trafficking?

...

Conneticut defense lawyer, Connecticut drug crimes attorneyNews stories are limitless around the country about law enforcement cracking down on drug crimes. This crackdown goes all the way to the top with President Trump announcing his intentions to be “ruthless” in his determination to put an end to drug trafficking. The issue with so-called ruthless behavior is it results in hoards of innocent individuals facing false accusations of breaking the law. Federal, state, and local law enforcement utilize all of their resources building cases. Anyone accused should remember that charges do not mean a conviction and the government has the burden of proving guilt. When the circumstances were right, the following defenses have worked for defendants. Remember, these defenses are not for all circumstances and consulting an attorney is advisable to create a strategy for your unique situation.

A Case of Being at the Wrong Place at the Wrong Time.

Drug trafficking typically involves large groups of people or organizations. When arrests are made, many innocent individuals get tied up in the arrest due to the association. We all know that just because we associate with someone does not mean we have their same behavior. With alibis and proof of no affiliation with the crime, this defense may be possible for your case.

...

Fairfield County drug crimes attorneyWhen you are found to be in possession of marijuana or other drugs, whether you are in a public place or in the company of friends, you may face serious criminal charges from a number of different angles. The consequences can be even more grave when those charges involve distributing, selling to, or employing minors to sell such drugs.

Penalties for Possession

According to Connecticut law, marijuana charges (and other certain controlled substances) are penalized in the following ways:

...

b2ap3_thumbnail_drug-cash-syringe-cocaine-crime.jpgIt is not uncommon for us to hear about the latest drug crime statistics and turn our ear in the other direction; the statistics can be alarming, not to mention discouraging. It is easy to become desensitized to the issue or to want to avoid it entirely.

The reality, however, is that drug crime trends shift and change with time all across the nation, including here in the state of Connecticut. Progress has been and continues to be made in the fight against illegal drug activity, and while it will never be eliminated completely, the efforts to combat it do make a difference on a broader spectrum.

Drug Trend Snapshot

...

marijuana DUI, Connecticut drug crimes lawyerThe decriminalization of marijuana is a growing trend nationwide. In Washington and Colorado, marijuana has been legalized, while in almost half the states—including Connecticut—it may be used legally only for medical purposes. However, there may be a darker side to these trends: a recent study shows that the number of marijuana-related automobile fatalities has risen sharply in the last decade. The data suggest that drugged driving may be an increasingly common cause of car accidents.

According to a report by the Columbia University Mailman School of Public Health, the presence of non-alcohol drugs in the systems of drivers involved in fatal car crashes has been on the rise and has tripled in the last decade. Using data from the states that routinely test the blood of drivers involved in fatal car accidents, the study reported that in 1999, 4.2 percent of drivers who were killed in automobile crashes tested positive for marijuana; in 2010, that number increased to 12.2 percent. The major increase was shown across all ages and in both genders.

The study also showed that alcohol use was more prevalent than drug use in drivers involved in fatal crashes, but that percentage has stayed relatively stable. The presence of all non-alcohol drugs increased from 16.6 percent in 1999 to 28.3 percent in 2010. This increase may be attributable to the decriminalization of marijuana as well as the national opioid use epidemic. While all states have laws prohibiting impaired driving, the national trend toward permitting at least limited marijuana use may be a factor in the increased number of drugged-driving incidents.

...

marijuana possession, smoking a joint, Stamford criminal lawyer, Connecticut drug possession lawWhether you already have a criminal record or whether a marijuana drug possession charge is your first offense, you should take your case seriously and hire a criminal attorney. In Connecticut, there are several different types of charges you might be facing if you are caught with marijuana. The only individuals approved for marijuana use in Connecticut are those who carry a medical marijuana certificate.

If you are arrested with less than 4 ounces of marijuana, you could be facing a fine of $1,000 and you could even be sentenced to up to a year in jail. Any case involving higher quantities of marijuana can have more severe consequences.

Even young adults can face penalties if caught with marijuana: for possession of less than 5 ounces or possession of drug paraphernalia related to less than 5 ounces of marijuana, a juvenile 16 years old or younger will have their license suspended for at least 60 days, or in the case they don't yet have a license, receiving it can be delayed up to 150 days. Youth aged 17-21 will face fines and driver’s license suspension as well. Juveniles may also need to attend drug counseling and complete a certain number of community service hours.

Some people are under the impression that a marijuana drug charge isn’t a big deal beyond the fine or handful of days in jail. Being convicted, however, can be problematic in the future if you apply for a job. Certain employers have a zero tolerance policy for hiring someone with drug charges in their past, and a simple review of your background check will reveal the truth. In addition, your insurance premiums for your car and homeowner’s policy can increase once the insurance company is aware of your conviction. There are far-reaching consequences to being charged with marijuana possession, and even one charge could have implications well into your future. If you have been charged with marijuana or paraphernalia possession, you should contact an experienced Connecticut drug possession attorney to manage your case. You need someone fighting for you and your future.