Nashua Drug Possession Lawyer
Experienced Drug Possession Attorneys in Nashua, NH
Many people take and possess medication regularly or even handle the distribution and handling of prescription drugs for a business, occupation, or within their lawful duties. However, intent or illegal use, manufacturing, possession, and distribution of controlled substances or illegal drugs differ significantly from the actions of a legitimate business. Police officers must enforce laws and work to keep Nashua, New Hampshire streets safe. In New Hampshire, drug possession is a serious criminal charge that varies in penalties depending on the amount one possesses and the type of drug in a case.
An arrest, unlawful search, and other circumstances sometimes lead those facing charges to be wrongfully convicted. If you are facing a drug possession charge, criminal defense attorneys at Hayes are eager to discredit any evidence against you, defend your rights, and fight aggressively to clear you of any charges and penalties.
However, a drug crime conviction or arrest does not mean that the opportunity for change is not accessible. Criminal defense attorney Hayes is widely knowledgeable of drug crime laws and the strategic defenses that help our clients lessen penalties or dismiss charges. Regardless of your record’s current state, you can entrust our team at Hayes Law Firm to provide the necessary legal representation in a criminal case.
What Is Drug Possession in New Hampshire?
A drug possession charge can vary depending on the drug type and quantity in question. The possession of illicit drugs or controlled substances without a valid prescription may violate federal and state laws. A person convicted of a drug possession charge is found guilty of having criminal intent and possessing a controlled or illicit drug. Possession of a controlled drug is among the most common and is considered a felony charge, except in cases of small amounts of marijuana. Depending on the drug classification, possession and criminal intent may lead to a conviction if the prosecution secures evidence against you.
New Hampshire Drug Schedule
Like other states in the US, drugs are classified into one of five schedules. The New Hampshire drug schedule is as follows:
- Schedule I: Illegal drugs that are not permitted or accepted for medical use.
- Schedule II: Legalized medical drugs with a very high addictive quality.
- Schedule III: Legal medical drugs with moderate addictive quality.
- Schedule IV: Legal medical drugs with a minor addictive quality.
- Schedule V: Legal medical drugs with a very mild addictive quality.
The law outlines types of illegal drugs and serious offenses related to drug-related crimes. Common drugs in serious state offenses include:
- Heroin
- Prescription drugs such as opioids
- Cocaine
- Synthetic marijuana
- LSD and mushrooms
- Methamphetamine
If you are caught by law enforcement possessing hard drugs, or any degree of illicit drugs, you may face a felony conviction, years of jail time, and a hefty fine. A skilled attorney may help you by gathering valid evidence against the prosecution’s case against you.
Defenses against prosecution of drug charges include:
- Filing a motion to suppress any evidence obtained illegally.
- Scrutinizing search warrants and the probable causes used to search property.
- Lack of foundation, or the individual did not know of the drugs found in or near their property.
- Challenging the veracity and reliability of an informant.
- Convincing the judge and prosecution that the person suffers from an illness and needs treatment—not prison.
Whatever the nature and circumstances of a drug charge, Attorney Hayes has the skills and experience to fight for the best possible outcome. If the drugs were found following a motor vehicle stop or on foot police encounter, we look to see if the officer even had a justifiable reason for stopping you. We look to see whether the officer unnecessarily turned his routine traffic stop into a full-blown drug search without good cause.
Penalties for Drug Possession in Nashua, NH
If you are caught with illegal drugs in New Hampshire, chances are the prosecution will push for you to be convicted and face time in jail. Since drugs are classified based on addictive effects, some are milder than others. Marijuana, for instance, is decriminalized in New Hampshire for possessing up to three-quarters of an ounce. Cannabis is still illegal for recreational use. Although, marijuana drug possession may not equate to the penalties of a case involving heroin, crack, and other hard drugs.
Different types of drug possession charges and penalties include:
- First offense Class B Felony: Possession of hard drugs for a first-time offender may result in up to seven years in prison and up to $25,000 in fines.
- Second or subsequent Class A Felony: Subsequent offenses for similar charges may result in up to fifteen years in prison and up to $50,000 in fines.
With a skilled attorney on your case, you can build a secure defense against the prosecution’s evidence or any invalid information that your attorney may easily dispute with an experienced and dedicated attorney. Depending on the charges and circumstances of your case, a legal defense may help you get charges dropped or lesser penalties.
Defenses Against Drug-Related Charges
When an individual is arrested for a drug possession charge and suspected criminal intent, it can be very stressful and challenging to face alone. By choosing a court-appointed attorney or handling your case independently, you may be forfeiting your opportunity for a skilled and knowledgeable defense.
Types of evidence that the prosecution may use against you to prove intent include:
- Large amounts of money
- Large quantities of illegal drugs and controlled substances
- A scale
- Storage supplies
- Testimonies
Common defenses for drug-related cases include:
- The drugs do not belong to you
- Drugs were found by illegal search by law enforcement
- Drug addiction and disease
- Entrapment
- The alleged substance is not a drug
Depending on your circumstances and the events before your arrest, the prosecution may hold evidence against you that can result in a guilty verdict. Although a legal team has the resources and professional support, you may need to put your best foot forward in a criminal case.
How Can a Lawyer Help Me After a Drug-Related Arrest?
In criminal cases, the opposing counsel must prove criminal intent in any drug-related case. Though an individual is found with controlled substances or illegal drugs, other circumstances must also be considered. For instance, lawyers must consider the location and how the arrest was made. At times, cars, homes, and other places may leave room for speculation even if the place does not belong to confirm that the suspect is guilty.
When law enforcement unlawfully seizes or searches belongings, it obstructs a person’s rights and can result in dropped charges. Regardless of the circumstances or events in your drug possession arrest, an experienced criminal defense lawyer may be able to help.
If you are struggling with drug addiction and have a criminal record, your attorney may be able to fight for your right to get proper treatment and help that jail time and fines won’t provide. As dedicated defense attorney, Hayes is eager to continue helping clients reach successful outcomes in drug-related cases.
Speak With Experienced Drug Possession Lawyer at Hayes Law Firm
For many who face criminal charges for drug-related arrests, these complex cases lead to profound life changes brought on by the state law’s penalties for committing these crimes. At Hayes Law Firm, our seasoned New Hampshire drug possession lawyers understand the circumstances surrounding a client’s case.
With ample experience in New Hampshire courtrooms, our attorneys have helped thousands of clients have their charges dropped or penalties lessened through our knowledgeable and aggressive defense strategies. We don’t leave our clients uninformed or unprepared for their day in court. With our legal representation, you may feel more at ease throughout your case’s legal proceedings. To schedule your free consultation, complete a contact form or give us a call at 978-314-4950.