Free Consultations & We're Available 24/7
WE'RE A BOUTIQUE LAW FIRM. YOU WORK WITH ONE OF OUR SENIOR ATTORNEYS PERSONALLY.
WE'RE ONE OF NEW YORK'S OLDEST CRIMINAL DEFENSE LAW FIRMS. TRUST 50 YEARS OF EXPERIENCE.
WE SERVICE CLIENTS NATIONWIDE, WITH OFFICES IN LOS ANGELES AND NYC.
Defending Yourself When Accused of Presence During Unlawful Controlled Substance Use
Have you recently been accused of being present during illegal controlled substance use? Regardless of your situation, it’s vital to avoid discussing your case with anyone, even family and friends. Every statement you make can impact your case negatively. Your next move should be learning about the charges brought against you, so that you can devise the defense. Despite the stressful situation, remain calm to avoid making mistakes that could harm your case.
Understanding Presence Charges
Besides drug use and distribution, being near a person using any illegal controlled substance can lead to prosecution. Encouraging controlled substance use by others is also an offense. While avoiding such circumstances is the option, if you are already facing charges, consult with qualified legal representation.
Potential Penalties
Typically, being present while someone uses illegal controlled substances can lead to a six-month prison sentence. However, depending on the circumstances, you might receive a reduced sentence. In most cases, completing a drug treatment program would suffice. First-time offenders can seek placement in a diversion program. Successful completion leads to the eventual removal of charges from your criminal record.
Viable Defenses
Accused individuals have several defense options, making it crucial to seek legal advice. While it’s difficult, charges against you could be dropped if there’s proof that you didn’t know about the illegal substance use. The case’s strength depends on the circumstances surrounding the crime, as well as the police officer’s statements. Another possible defense strategy is insisting that you didn’t assist with the drug use. Sometimes, accused persons opt to take plea deals only to enroll in diversion programs that lead to charges being dropped. An experienced legal team can help navigate this tricky terrain.
We Can Help
Drug charges are stressful and can dampen anyone’s spirits. You don’t have to face this trying situation alone, however. Our legal team can take up your case and proceed to build your defense immediately. As your legal team, we will comb through the details of your case, helping you make informed decisions that will lead to the possible outcome. With us by your side, you will get the help you need to navigate this tough situation successfully.
If you’re accused of presence during unlawful controlled substance use, you may feel overwhelmed and confused, unsure of the way to proceed. Your first step after being charged should be to refrain from discussing the case with anyone, including friends and family. Anything you say can be misconstrued and used against you. Educate yourself about the charges and find the possible defense. Even if it seems impossible, staying calm can help you avoid mistakes that could hurt your case.
Being near someone involved in illegal controlled substance use is sufficient grounds for prosecution, even if you didn’t partake. Furthermore, you can be charged if you encourage someone else’s substance use. It is to avoid being in situations where others are using illegal drugs, but if you’ve already been charged, seek legal advice immediately.
It’s a common misconception that drug charges only come from selling or using the controlled substance. Being present during illegal substance use is sufficient, according to the law. Prosecutors can charge you for this even without proof of intent.
Simple presence is not enough to prosecute you. Your behavior, such as encouraging drug use, can lead to conviction. Actively assisting with drug use, endangering children or bystanders due to substance use, and carrying the drugs for the person using them all qualify as presence.
The way to avoid a presence charge is to stay away from situations where others are using illegal drugs. However, if you’re already facing charges, seeking legal advice can help you understand your risk and how to proceed.
Jail time of up to six months is possible if convicted of being present during illegal substance use. However, this can be reduced based on your case’s specifics. Substance abuse treatment programs are typically used to replace jail sentences. First-time offenders may be placed in diversion programs that, upon successful completion, result in charges being dropped and removed from your criminal record.
Prison sentences of up to a year and significant fines are possible penalties. However, this depends on the degree of the offense and the individual’s criminal history.
Probation is a commonly utilized alternative to prison sentences, and mandatory rehabilitation is often a part of it. Community service also accompanies probation as a way to make up for the damage done by the offense.
If your charges involve diversion programs, expungement of your criminal record is possible upon successful completion of the program.
Several defense strategies are possible if you’re accused of being present during illegal substance use. Seeking legal advice is vital to craft the legal defense.
If charged with presence, you can argue that you didn’t know about the drug’s presence. This argument’s strength is dependent on the circumstances of your arrest and the police officer’s statements.
Defendants can build a case by demonstrating that they did not assist in their drug use. This defense typically hinges on the defendant’s actions before, during, and after the arrest.
If the evidence against you is overwhelming, a plea bargain might be the way out. A plea bargain requires you to enroll in probation or drug treatment programs. Successful completion leads to charges being dropped against you.
Drug charges are complicated and can take their toll on a defendant. You are not alone in this trying situation. Our legal team is prepared to take on your case and build the defense possible. We’ll provide vital legal assistance to navigate the intricacies of the courts. Enlisting our services assures you of the defense possible.
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and alternative routes. Recommended for sure.
- ROBIN, GUN CHARGES ROBIN
CALIFORNIA CRIMINAL DEFENSE ATTORNEYS