Medford Drug Possession Attorney Don Scales
Jackson County, like law enforcement agencies nationwide, aggressively enforces narcotics laws including possession of a controlled substance, manufacture of a controlled substance, and delivery of a controlled substance. Conviction for a crime involving controlled substances can lead to loss of driving privileges, mandatory drug treatment, local jail time, and even prison. Other consequences include but are not limited to child welfare involvement, removal of your minor children form the home, and loss of employment.
If you are charged with a drug related offense, you will want an attorney who is experienced in handling these cases; one who understands the options available for defendants in the system, and is willing to challenge the state’s evidence against you.
Arrested For Possession?
If you are arrested for possession of a controlled substance you will either be cited and released or lodged in the jail. Depending upon a number of factors including prior record, your ties to the area and the safety of the community, the Judge may release you on your own recognizance (OR), which means you promise to come back to future court dates without having to post any bail. If you are not released, your attorney can approach the court to request a reduced bail so that you can get out of jail to take care of your job, your family, and preserve your freedom. There are options for first time offenders to enter into a probationary program in which the offender completes drug treatment classes, community service hours. During this time you will be under the direct supervision of the probation office. This process, if fully completed in a timely manner, results in a dismissal. This means you will not have a felony conviction on your record. This is a one-time opportunity for drug offenders.
It is possible you may be charged with manufacture or delivery of controlled substances. You can be charged with manufacture of controlled substances even if the allegations are simply that drugs were packaged individually for sale. You can be charged with distribution of controlled substances if a quantity of drugs were packaged and transported. You can also be charged with distribution if you are in possession of a quantity of drugs which is more than a single user would consume. Additionally, you can be charged with distribution of drugs if the police set up a transaction to either purchase from you or arrange a purchase from you. In Oregon, the laws for methamphetamine, heroin and cocaine have gotten stricter over the years. The penalties are higher and the prison terms are longer. This underscores the need for competent and experienced legal counsel who will fight for your rights.
Drug Charges & Evidence Suppression
When police make an arrest they frequently seize controlled substances. Sometimes clients are simply in the wrong place at the wrong time and they are blamed for the drugs that are found. An experienced attorney will look at the circumstances under which the police officers searched your vehicle, your home, your work, or your personal property. If the police did not follow constitutional provisions against unlawful search and seizure, the evidence they find may be excluded. That is, thrown out. Your attorney should first look for suppression issues at the beginning of every case. If there was not probable cause to search and/or seize your property, then your attorney can litigate what is called a motion to suppress. That hearing is designed to show the judge that the law enforcement officer’s conduct was unlawful and that your constitutional right to be free from unreasonable search and/or seizure was violated. If the court finds that your rights were violated, the tainted evidence will be thrown out, frequently resulting in dismissal of the charges, or a much better plea offer.
Contact us for a consultation if you want experienced, zealous, and effective representation.