Drug Possession Lawsuits: Review Common Questions And Concerns

Drug possession laws can prove to be quite complex

, which is why many people have questions about the sentencing and penalty process in such cases. Below are some of the most frequently asked questions about drug possession cases.

What are drug possession penalties?

Drug possession penalties vary according to whether a federal or state court hands down the sentence. Federal penalties can be much more severe compared to those imposed by state courts. Other variances at play are if it is a first or repeat offense, the character of the accused, and whether he or she is considered a threat to society. In jurisdictions where mandatory minimum sentences are in effect, judges must set sentences in accordance with the pre-ordained incarceration periods. Drug courts for non-violent offenders offer treatment options with reduced or discharged imprisonment sentences.

What are drug trafficking penalties?

Federal drug trafficking laws have onerous penalties that include both jail and fines. The amount of jail time depends on whether it is a first or second offense. The same holds true for fines. Jail time and fines are also contingent on the amount of drugs involved. For example, 500 to 4999 grams of cocaine is punishable by between 5 and 40 years imprisonment and a fine of up to $2 million. A second offense carries between 10 years and life in prison, with a fine of up to $4 million. By contrast, 5 kilograms of cocaine receives a prison sentence of between 10 years and life and a $4 million fine. For a second offense, punishment is between 20 years and life in prison and up to an $8 million fine.

What is truth in sentencing?

Truth in sentencing simply put means a convicted offender must serve the entire sentence handed down by the court, without early release on parole. Numerous states have truth in sentencing laws. There is a trend towards utilizing truth in sentencing for drug offenses.

What is enhanced punishment?

Enhanced punishment is meant to augment penalties for drug offenders who use minors as distributors of drugs, sell drugs to minors, or sell drugs on school grounds. Many states have enhanced punishment. The extent of increased punishment varies between states.

by: Daniel Beasley

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