Drug cases often come down to whether or not the alleged contraband may be suppressed based on some sort of constitutional or evidentiary violation.
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Despite our nation’s decades-long War on Drugs being an objective, costly failure, Arkansas law enforcement agencies continue to police drugs aggressively, and Arkansas prosecutors continue to pursue drug cases aggressively.
Even the relatively minor possession of a controlled substance can net you a substantial charge carrying hefty, possibly mandatory-minimum prison sentences. Just because you are found in a place where drugs are later found located not mean that you are dead to rights. Drug cases are far less straightforward than they may seem.
Our attorneys have extensive experience litigating complex suppression issues in both State and federal courts. Mr. Kaiser was involved in representing the defendant who transported the largest amount of methamphetamine seized at once in Arkansas history. Make sure your Fourth Amendment rights are protected today!
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What is the difference between “simple” possession vs. possession with intent to distribute or “trafficking”?
Simple possession refers to possession of contraband without some purpose to distribute it for something of value (i.e., deal drugs). Possession with intent or “trafficking” refers to possession for the purpose of giving it to someone else for something of value, typically money.
What drug charges qualify as felonies under Arkansas Law?
In Arkansas, the simple possession of less than 4 ounces of marijuana is a misdemeanor, whereas 4 ounces or more is a felony. For possession with purpose, the cutoff is much lower at only 14 grams (1/2 ounce) for marijuana.
Simple possession of less than 28 grams of Xanax is a misdemeanor; however, possession of any amount with purpose to deliver is a felony.
ANY amount of methamphetamine, cocaine, hydrocodone, ecstasy, oxycodone, and/or crack cocaine is a felony, regardless of whether charged as simple possession or possession with purpose.
: I was arrested with drugs. What am I looking at?
Unfortunately, that answer depends on a lot of things: What was the alleged contraband? Do you have previous convictions? Where is the case being prosecuted? Some courts are more compassionate about drug charges, whereas others appear to see addiction as a personal character flaw and prosecute accordingly.
Hearts and minds are changing when it comes to addiction, but the harsh laws still on the books in Arkansas and federal courts mean that you need to protect yourself by hiring aggressive representation.