If you are being charged with possession of a controlled substance, you need to take that seriously. Punishments for such crimes are quite harsh, and the severity of the penalties that you could face can vary drastically based on what kind of substance you are accused of possessing and how much of it you are accused of being in possession of. A Des Moines drug crime lawyer from our firm can help you find a way to defend yourself from these charges.
What is Considered a Controlled Substance?
A controlled substance is a drug or another substance that’s tightly controlled by the federal government due to its potential for abuse or addiction. Many of these substances have actual medical uses, but possessing them without a prescription can land you in some serious legal trouble.
What Are the Penalties for Possession of a Controlled Substance?
Jail time and hefty fines are usually among the punishments for possession of a controlled substance. How much of a substance you have and what kind of substance you have will determine how harsh the penalties for a conviction will be. Controlled substances are organized into Schedules I through V, with Schedule I substances considered the most dangerous.
What is Constructive Possession?
You may also be arrested for possession of a controlled substance even when the drugs were not actually on your person. Sometimes drugs can be found in an area that you have control over and this can be considered “constructive” possession.
An example would be if you have a car that you’re the sole driver of and drugs were found in the glovebox or trunk. It’s assumed that you would have full control over these areas, so if controlled substances were found they must be yours. This could also apply in other situations, like if cops searched a storage unit that only you had access to. However, it would be harder to prove constructive possession if drugs were found in a shared area, like a workplace or a home with multiple residents.
What Should I Do If I’m Arrested For Possession?
We do not recommend talking to the police if you have been arrested for possession. You have the right to remain silent and the right to an attorney. We think that you should exercise both of these rights.
Even if you think that there has been a misunderstanding that you can clear up, you shouldn’t talk to the cops. Even if the cops say that they can help you, you shouldn’t talk to them. Let your lawyer do the talking so that you do not have to worry about saying something that could be used against you later.
Talk to an Attorney
So if you are being charged with possession, contact Herting Law, PLLC. We will do everything that we can to help you defend yourself from any accusations.
