Top Tyndall, SD Drug Crime Lawyers Near You
Drug Crime Lawyers | Avon Office | Serving Tyndall, SD
202 N Main St, Avon, SD 57315
Tyndall Drug Crime Information
Lead Counsel independently verifies Drug Crime attorneys in Tyndall and checks their standing with South Dakota bar associations.Our Verification Process and Criteria
- Ample Experience Attorneys must meet stringent qualifications and prove they practice in the area of law they’re verified in.
- Good Standing Be in good standing with their bar associations and maintain a clean disciplinary record.
- Annual Review Submit to an annual review to retain their Lead Counsel Verified status.
- Client Commitment Pledge to follow the highest quality client service and ethical standards.
What Is Considered a Drug Crime?Drug crimes are some of the most common crimes in the United States, ranging from (unlawful) possession of a controlled substance to large-scale drug trafficking and racketeering. Drug crimes encompass any illegal actions involving controlled substances. Controlled substances include illegal narcotics like heroin, cocaine, and methamphetamines. Drug crimes can also involve selling, distributing, or possessing controlled prescription drugs like oxycodone or Vicodin.
Can I Be Arrested for Using Drugs?It is generally not a drug crime to be “high” or under the influence of drugs. However, if you still have any drugs in your possession, you may be charged with possession. You could also be charged with possession of drug paraphernalia if you have something with drug residue, like a pipe. If you are high in public, you could face a ticket for public intoxication. However, if you are caught driving while impaired by drugs, you can face a drug DUI or DWI.
What Are Some Examples of Drug-Related Crimes?The most common drug crimes in the U.S. are drug possession charges. Having one or more illegal drugs in possession is against the law. Some states consider possession of small amounts of marijuana to be a petty offense or infraction. However, drug possession is still a misdemeanor criminal offense in most states. Drug possession with intent to distribute may include a suspect caught in the act of trying to sell drugs. Drug distribution could also be charged if the suspect is in possession of a larger amount of drugs or with indicators of sales, like scales, baggies, and large amounts of cash. Drug possession with intent to distribute is generally a more serious charge than simple possession. Drug trafficking and manufacturing drugs are among the most serious drug offenses. Drug trafficking is generally a felony, with penalties including years in prison. Large-scale drug operations can also involve related charges like racketeering and money laundering.
What Are the Penalties for Different Drug Crimes?The penalties for drug crimes can depend on the type of drugs, the amount of controlled substance, and whether the drugs were for personal use or for sale. Penalties can also depend on the surrounding circumstances, related charges, and the defendant’s criminal history.
What Are the Penalties for Simple Possession?Simple possession generally involves possession of a small amount of drugs, generally an amount to be considered for personal use. The maximum amount is generally based on drug laws, not based on the amount the defendant generally consumes. In most states, a simple possession case is a misdemeanor. However, a first-time offense can often result in probation instead of jail time.
What Are the Penalties for Selling Drugs or Trafficking?Those convicted of large-scale drug trafficking could see between 10 years to a life sentence if convicted. Possession with intent to distribute is generally a felony, charged at the state level, and penalties vary based on the individual facts of the case. Penalties can increase based on the type of controlled substance, amount involved, and related crimes involved.
Is Medical Marijuana Possession a Crime?The majority of states now have laws for limited medical marijuana use and possession. A large number of states and territories have also legalized recreational cannabis. However, some states still treat marijuana like other controlled substances. Under federal law, medical marijuana remains a Schedule I controlled substance.
Can I Get Probation for a Drug Crime in South Dakota?Probation is a monitored release where you still have to follow certain rules and restrictions to stay out of jail. Probation can require regularly meeting with your probation officer, drug testing, curfew, holding down a job, or other conditions. Individuals can get probation as a way to avoid jail time or as part of a plea deal. Getting probation depends on the seriousness of the crime and other factors, so you can talk to an experienced criminal defense attorney about how to get probation.
Do I Need a Lawyer for a Drug Crime?If you are facing drug-related criminal charges, an experienced criminal defense lawyer can give you legal advice about your rights, defense strategies, and legal options to avoid a permanent criminal record. Your drug crime lawyer can also help you get approved for a drug diversion program, drug court, or deferred judgment to keep the drug charges off your record.
What Makes a Drug Crime a Federal Crime?
Nearly any drug offense could see you end up in the federal system because these substances are all banned under federal law. If federal officers, such as those with the Drug Enforcement Administration (DEA), are conducting operations in your area, an arrest by one of those officers would likely lead to federal charges. Using illegal drugs on federal property, such as national parks, can also lead to drug charges. While federal officials often target distributors and traffickers more than people possessing a small amount of drugs, the potential does still exist.
How an Attorney Can Help
An attorney can often resolve your particular legal issue faster and better than trying to do it alone. A lawyer can help you navigate the legal system, while avoiding costly mistakes or procedural errors. You should seek out an attorney whose practice focuses on the area of law most relevant to your issue.
Top Questions to Ask a Lawyer
- What is the usual process to resolve my case? How long will it take to resolve this?
- What are likely outcomes of a case like mine? What should I expect?
An experienced lawyer should be able to communicate a basic “road map” on how to proceed. The lawyer should be able to walk you through the anticipated process, key considerations, and potential pitfalls to avoid. Once you’ve laid out the facts of your situation to the lawyer, he/she should be able to frame expectations and likely scenarios to help you understand your legal issue.
How to Find the Right Attorney
- Determine the area of law that relates to your issue. Attorneys specialize in specific practice areas around legal issues within the broad field of law.
- Seek out recommendations from friends, family, and colleagues. A successful attorney or practice will typically have many satisfied clients.
- Set up consultation appointments to get a better understanding of your case as well as gauge your comfort level with different attorneys. Find the attorney who is the right fit for your needs.
Common legal terms explained
Affidavit – A sworn written statement made under oath. An affidavit is meant to be a supporting document to the court assisting in the verification of certain facts. An affidavit may or may not require notarization.