You need to be careful when facing drug possession charges. The penalties for a conviction can be harsh, especially if you are accused of possessing a certain amount or a specific drug. A Des Moines drug crime lawyer from our firm can help you fight back against these accusations and stand up for your rights.
What Are the Potential Punishments for Drug Possession?
How harshly you can be punished depends largely on the type of drug you are accused of possessing and how much you have. Someone who looks like they may have enough of a drug to distribute and sell it to others is going to face more severe penalties than someone who only has a drug for personal use. Let’s look at a few examples:
Marijuana: A first offense for possession can land you in jail for up to six months and result in a $1,000 fine, and future offenses can result in even harsher penalties. Get caught with enough to distribute and you will be charged with a felony that could land you in jail for as long as 50 years.
Controlled substances: Possession of controlled substances like crack, PCP, and heroin can also come with harsh penalties, like jail time and fines of up to $10,245. You can also be charged with a felony if you have enough to distribute.
Fentanyl: The manufacture, delivery, or possession of 5 kilograms or less of fentanyl is a Class C felony and punishable with a prison stay of up to 10 years and a fine between $1,000 and $50,000.
Can Cops Search My Home If I’m Accused of Drug Possession?
Cops can search your home or vehicle if you are accused of a crime, but they need one of two things. They can perform a search if they have a warrant from a judge. This shows that they had reasonable suspicion and evidence, enough that the judge believed that they are justified in performing a search.
The police can also perform a search if they are given permission to. We do not recommend every giving the police consent to search your car or home. It doesn’t matter if you think that you have nothing to hide. Make them get a warrant.
What Should I Do After Being Arrested?
You may be told that cooperating with the police can help you. The cops might tell you that you should just answer their questions and clear this matter up. We don’t recommend that. The cops can use what you say against you and you should do all of your communicating through a defense attorney.
If you get arrested, do not speak to the police. Instead:
- Remain calm and ask for a lawyer
- Do not consent to any additional searches
- Exercise your right to remain silent
- Do your best to document everything, including the time, location, and circumstances surrounding your arrest
- Do not make any written statements
Contact Our Law Firm
If you are facing drug possession charges, don’t let the police and the prosecutor trample on your civil rights. Contact Herting Law, PLLC to schedule a consultation with our team and learn more about what our seasoned defense lawyers can do for you.
