Have you or a close friend or family member gotten arrested for being in possession of a controlled substance? In the state of Idaho, possessing even the smallest amount of an illegal drug can result in criminal charges, arrest, and harsh penalties. Depending on the drug possessed, charges could vary from imprisonment, hefty fines, and having to carry the weight of living with a criminal record.
With regard to what’s at stake, you need to involve a drug possession defense lawyer in Boise ID as soon as you can if you are arrested on a drug possession charge. Aaron Hooper used to be a prosecutor so you can bet they will understand both sides when it comes to a drug possession case. Call Hooper Law Offices to schedule a free non-obligatory consultation with our Boise drug crimes attorneys.
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What Is Felony Possession Of A Controlled Substance?
It is illegal for any persons to be caught in possession of a controlled substance without a valid prescription.
Any individual found to possess a controlled substance categorized in Schedule I that’s a narcotic or a controlled substance categorized in Schedule II, is guilty of an offense and upon conviction, may be subject to jail time or prison time. The maximum penalty for possession of even a small amount of most “hard drugs” (Methamphetamine, Heroine, Cocaine) is 7 years in prison and a $15,000 fine.
How Does Idaho Classify Controlled Substances?
Idaho classifies its CDS into six ‘schedules’ according to factors like potential for dependency and abuse and if they have gained approval for legitimate medical usage:
Understanding Idaho Drug Laws
Every possession case is different and, because of this, each case is dealt with differently. The sentencing will be contingent on the drug type, quantity, and/or amount of drugs and the location of the drugs when apprehended. Prosecutors must definitively prove that the evidence proves the defendant knowingly was in possession of the controlled substance and that they knew it was a controlled substance. Being in possession does not mean that they had it on their person. There has got to be some “nexus” or connection to the person they are charging which indicates they were in possession of it. For example, if the owner of a vehicle is found with methamphetamine in the trunk of their car, even though it was no on their person, it was in the trunk of their car, so the owner of the vehicle can be charged with Felony Possession of a Controlled Substance, Methamphetamine. This does not mean they will be found guilty, it simply means there is enough evidence to charge them for possession.
Is Drug Possession a Misdemeanor or Felony in Idaho?
Whether illegal possession of a drug is a misdemeanor depends on the type of drug and how much of it someone has possessed.
Misdemeanor Drug charges include:
- Possession of less than 3oz of marijuana
- Possession of any drug paraphernalia
Felony Drug Charges
- Possession of Methamphetamine, Amphetamines, Heroin, Cocaine
- Possession of certain prescription medications (i.e. Opioids).
- Possession of more than 3oz of marijuana
- Possession with the Intent to Deliver
- Drug Trafficking
In the state of Idaho, the penalties for possessing a Schedule I narcotic drug can result in you spending up to seven years behind bars and may include fines of up to $15,000. Having more than 3oz worth of marijuana is categorized as a felony. These penalties range based on individual circumstances. To get an accurate assessment of the charges you are facing and your defense options, request for your case to be reviewed with a Boise criminal defense lawyer at the Hooper Law Offices.
What Are Common Defenses Against Drug Possession Charges?
When you visit us at Hooper Law Offices to get criminal defense counsel in the event you are facing a drug possession charge; you will notice that we will treat you with the utmost compassion and respect you so deserve. You can also be assured that our Boise, Idaho drug possession attorneys will fight for your interests aggressively. Disputing a drug possession charge can be complicated, but we will do a comprehensive inquisition into the issue to determine the best course of action.
Possible defense strategies that can be used in weakening the prosecutor’s case when it’s a drug charge include:
- Proving that the defendant was arrested unlawfully.
- Proving the defendant’s property or the defendant was unlawfully searched.
- Proving that the drugs were mishandled
- Proving that the drug evidence in question does not belong to the defendant and that they had no knowledge of it in the first place.
- Proving that the drug evidence chain of custody was broken, rendering it inadmissible in a court of law.
Facing a Drug Charge? Call a Drug Possession Defense Lawyer in Boise ID Today
If you or a close one to your heart has been arrested for having drugs, you require a seasoned Boise criminal defense attorney at your corner. Even if you are caught will just a few ounces, there’s a high probability you could be facing serious jail time and maybe even a mandatory minimum sentence. And if you’re a first-timer, penalties will be even more severe.
If you hire an experienced Boise criminal defense lawyer from Hooper Law Offices, you can have confidence that your case will be handled by a true professional with the knowledge and skill to deal with serious charges. We know how prosecutors handle these cases because Aaron Hooper was a prosecutor for over 5 years. We are conversant with how the system works, and will negotiate your case with the prosecutor in attempt to get you the best deal possible. If a plea deal is not for you. We have sufficient experience in trial to place you in a strong position to win your case. We will try our best to get a reduced charge or get them dismissed altogether.
Contact and schedule a free consultation with Hooper Law Offices today! We will look over your case and get in touch with the prosecutor. We’ll also uncover what proof the state has on you. Lastly, we’ll work on preparing a solid defense that could have your case possibly dropped.