Frederick County Drug Penalties
Drug crimes are often heavily prosecuted and, depending on the nature of the offense, can lead to harsh sentences upon conviction. The associated penalties may be severe and could have a lasting impact on an individual’s personal and professional life. If you are facing drug charges in Frederick County, you should reach out to a skilled lawyer right away who could help alleviate the potential penalties of these crimes.
Can Drug Classification Affect the Type of Penalties?
The penalties for drug charges are universal across the state. Illegal substances are classified into different categories under the Controlled Substance Act, and their penalties range in scale according to that classification. There are five separate schedules of illicit substances that include drugs such as depressants, stimulants, hallucinogens, and anabolic steroids. The classification depends on the substance’s medical use, the potential for abuse, and how dangerous it is to consume.
Schedule 1 drugs are the most serious, as they have a high potential for abuse and have no perceived medical benefits, such as LSD. Marijuana is also considered a Schedule 1 drug, though there are some marijuana-specific laws that make crimes involving this substance different than other drugs in this category.
Schedule 2 drugs present a risk for abuse but also have accepted medical treatment. These substances include morphine, methadone, methamphetamines and cocaine.
Schedule 3 substances, such as codeine or hydrocodone, carry less potential for abuse, while schedule 4 covers Xanax and valium. The last category, Schedule 5, includes over-the-counter medications like cough medicines.
The Penalties for Possession
The penalties for possession charges, the most common drug offense, will vary depending on what schedule of drug was found on the accused person or in their home or vehicle. For example, possession of marijuana, a Schedule 1 drug, could incur a year in jail even for a first offense, and the consequences can be elevated based on the defendant’s prior criminal history or the addition of other drug-related charges. No matter the classification of the drug involved, a person facing these charges should seek the guidance of a local lawyer early in their case.
Potential Penalties Upon Conviction
The potential penalties for a drug conviction can include a fine, a local sentence in jail, mandatory community service hours, or a more extensive prison sentence, depending on the drug in question.
In these cases, the judge rarely imposes the maximum penalty, but instead makes their decision after consulting the guidelines that are generally given based upon the person’s history and the nature of the offense. For instance, on a first offense possession, the penalty could be a year in jail up to 20 years in prison if the crime was on the felony level.
For a second offense, a defendant could face a 25-year prison sentence, and that number could rise to 40 if there are multiple subsequent convictions.
What is Alternative Sentencing?
In some personal possession cases, usually not concerning felony charges, a convicted defendant could be instructed to attend a diversion program. This alternative sentencing option would allow someone to seek help for their drug addiction and avoid jail time, with the hope of being able to rejoin society productively after completing the required hours.
An experienced attorney may be able to provide compelling evidence that a defendant would especially benefit from an alternative sentencing program, so it is advisable to have the assistance of one while in court for drug charges.
How a Frederick County Attorney Could Help You Avoid Drug Crime Penalties
One of the most important things that someone accused of a drug crime can do is to start planning their defense strategies with a qualified legal professional early. This can make a significant difference in the outcome of their case and allow them to avoid the harsh penalties that are often levied for offenses of this nature.
If you are facing drug charges, call a Frederick County attorney today. They could use their experience trying similar cases in the local court system to achieve the resolution you want in your case. Schedule a confidential consultation and let a legal advocate begin fighting for your rights.