Possession of controlled substances by anyone is illegal, but the age of the defendant makes a significant difference in how these cases are handled in the courts. An Omaha DUI lawyer outlines what a juvenile offender should expect.
What Constitutes Possession
Under both federal and state law, possession of illegal substances means having willful ownership or direct control over those substances. Certain prescription medications such as opium-derived painkillers found in the possession of someone other than the patient for whom they were prescribed also fall under this category, and the possessor can be charged accordingly. Drugs found in an automobile, house or apartment, dormitory room, school locker, gym bag or any other place over which an individual exerts ownership or control are considered to be in possession of that person. When the individual has not yet reached the age of 18, the laws concerning juvenile drug possession come into force.
The penalties incurred by juvenile drug offenders, while unlike those faced by their adult counterparts, are not to be taken lightly and can include the following:
• Assignment to a drug rehabilitation and counseling program;
• Probation with specific requirements such as finding employment or going to school depending on the child’s age;
• Informal probation, also referred to as pretrial diversion, which ultimately results in dismissal of charges if the juvenile finishes the program successfully. This is not always an option, and is not normally granted to repeat offenders.
Don’t Ruin Your Life
If you are a juvenile or the parents of a juvenile who is facing drug possession charges, you should seek legal counsel immediately.
Every DUI case has its particularities, but there are certain types of information that are common to most. This blog addresses the types of information your Omaha juvenile lawyer is most likely to need in order to build your defense.
Getting the Facts
There are two primary methods of gathering information for your DUI case. Your attorney may use a combination of investigative techniques and formal discovery methods, or he may rely on one as opposed to the other. Since formal discovery brings your case to the forefront of the opposing counsel’s mind, investigation is often the preferred means of acquisition.
If Breath-testing Was Used
Your DUI attorney will need at least some, if not all, of the following:
• Complete records or certifications showing the licensing of the lab.
• Any manuals or handbooks concerning the machine.
• Maintenance, titration and calibration records, accuracy records covering the eight weeks prior to eight weeks subsequent to the defendant’s test.
• Confirmation of the officer’s experience and expertise with the machine and a roster of individuals who have been recently tested. If the officer was a recent transfer from a different department, he or she may not be as familiar with the machine as could be desired.
• A detailed description of how the breath tests were conducted and analyzed.
If You Are Involved in a DUI Case
Make sure that you have the experienced, dedicated legal counsel you need and deserve. Contact your Omaha juvenile attorney by filling the form on website.
Whether the possession of illegal drugs is a felony or a misdemeanor depends on a number of circumstances. In this blog, an Omaha drug attorney takes a look at some of them.
What Kind or How Much
There are some drugs, heroin and cocaine for example, that are considered sufficiently dangerous that no matter how much or how little is in the defendant’s possession, he or she will be charged with a felony in the vast majority of states. In some cases, a minor amount of less harmful drugs may merit a misdemeanor rather than a felony charge. This depends largely on the laws enacted in each state and the strictness of their respective drug policies. Someone in whose possession a large amount of a drug has been found will be assumed to have them with the intent to sell them.
If the possessor has the substances for his or her own use with no intention of them being passed on to others in any way, the charge may be less severe than it would be if the user intended to sell the drugs to other people. Endangering one’s own health is one thing, but putting others in harm’s way is quite another matter. Regardless of the intent, the law forbids possession of these substances and the penalties can be severe. If a person is found in possession of controlled substances and it is shown that they meant to sell them, the person can expect to face felony charges.
Call for More Information
If any of the above applies to you, you should consult your Omaha drug attorney right away.
An Omaha domestic violence attorney refutes some of the myths that surround domestic violence.
Poverty and Race
Perpetrators and victims can be of any age, gender identification, creed, color, nationality, religious affiliation or family type.
They Had It Coming
This is one of the foulest of excuses – the attempt on the part of the abuser to shift the blame on to the victim. Nobody made the abuser do it. He or she chose to act abusively. Violence against another person, whether familial or not, is illegal. It is wrong by every definition.
Violence in the Home Is Caused by Substance Abuse, Stress or Psychological Issues
These things may contribute to violence within families, but they are not its origin. They are, however, often cited as mitigating factors for this behavior. Usually, the abuser has acquired this behavior and has made the conscious decision to use it. It is only in very rare cases that violence in the home is triggered by or a symptom of psychological illness. Such illness is, however, frequently quoted as an attempt at exoneration.
There Is Hope
You have the chance to get out and reclaim your life, as many victims have. Call now to schedule a consultation with a lawyer who cares and is available to help you find freedom and relief from your abusive living situations. Act now and begin living an empowering life with your loved ones.