Even if a person was unaware that they were in a drug-free zone at the time of the offense, their intent to commit the underlying drug offense is sufficient. An experienced Massachusetts drug crimes attorney will exploit the weaknesses in this area to show that there is no way to infer the intent to distribute the drugs found in a given situation that may have simply been for personal use or consumption. State prison is altogether different: Trust us, you don't want to end up there. Under ARS 13-3411, teachers, school security guards and all other personnel of a school who witness such an offense are required to immediately report the offense to school administrators, who are required to police. Defending against charges for a school zone drug violation may help to avoid harsh penalties and conviction. From a Class B Misdemeanor to a Class A Misdemeanor. Juveniles arrested for possession of cocaine are typically processed in regular adult court under normal Florida law. You can see the severe approach to this offense.
If you are facing charges of this kind, call our Nashville drug crime attorneys at (615) 265-6383. And the Garden State imposes additional penalties against any individual who is in possession of a controlled dangerous substance (CDS) in a school zone. For example, if you were arrested for possession of a half-ounce of marijuana, you could expect to pay a fine and serve a year of probation. This is one Massachusetts drug offense that, to put it plainly, you "don't want to mess around with. " However, the court may waive or reduce the minimum term of parole ineligibility under certain circumstances, which include: If these circumstances allow it, the court can remove the minimum term of parole ineligibility or place the person under probation. Video arcade facilities. As is true in all criminal cases, the prosecution bears the burden of proof.
The charges are written into a charging instrument that is filed in the Juvenile Court. Now, if the offense occurred in a drug-free zone, that minimum becomes 7 years. Every petition for possession of illegal drugs will include the language, "the defendant intentionally or knowingly possessed x drug. " Rather, the current law provides a presumption against serving a minimum sentence. Possession of a controlled substance. Possession of any amount of marijuana within 1, 000 feet of a school is a felony, punishable by up to 15 years in prison and a fine of $10, 000. Because of this, what was once penalized by a maximum jail term of 180 days is now punishable by up to 1 year in jail. Call us today at Ph. Attorney Brennan served as a prosecutor for 25 years, a role that enables him to see a criminal case from the other side's perspective and, as such, to anticipate and thwart their arguments. Call us 24 hours a day, seven days a week at Ph.
Adults convicted of the sale or possession of illegal drugs in a school zone, park zone, public housing zone, or drug treatment facility can be sentenced as follows: Sale of Narcotic Drugs, Methamphetamine, Amphetamine, Cocaine, Crack, Opium, Heroin, LSD, or five kilograms of Marijuana. "School property" is defined as any building or lot owned or leased by any primary or secondary school. The law is still catching up to the sudden appearance and rapid expansion of the use of this substance so the laws are a bit blurry surrounding it. This is largely due to the way that the statute was written, in response to enormous public pressure on the Massachusetts Legislature to "do something serious" about drugs and school-age children. In our view, this is one of the worst drug laws on the books in this state, largely because of the extremely severe mandatory minimum jail sentences involved, which can run up to a maximum of 15 years in state prison. As per G. 32J, in the event the offender is convicted of any of the charges above, the jury must go on to consider whether the offense was committed within 1, 000 feet of the grounds of a public elementary, vocational, secondary school, preschool or head start facility or within 1, 000 feet of a private accredited preschool, elementary, vocational, secondary school or within 100 feet of a public park or playground. Because: Penalties and Punishment for School Zone Drug Offense: A defendant who has been convicted of a Massachusetts school zone drug violation will be sentenced to state prison for a term of anywhere from a minimum of 2 ½ years to a maximum of 15 years, or alternatively to a County Jail/House of Correction for a minimum term of 2 ½ years. Also, there is a major difference between a County Jail/House of Correction, and a State Prison: County Jails typically house lower-level offenders who are not generally very violent.
This crime carries with it the same penalties as Possession with Intent to Distribute heroin or any other Class A, and can be found in the above paragraph. For most defendants, however, the 2020 amendment to the Drug-Free School Zone Act no longer requires they be sentenced to a mandatory minimum period of incarceration. The prosecution must prove beyond a reasonable doubt that the defendant did, in fact, distribute, dispense, or possess a CDS with the intent to distribute the drug. Top-Rated Drug Charge Attorney Has More Than 30 Years of Experience As a Criminal Trial Attorney And A Demonstrated Track Record of Success. North Carolina General Statutes 115C-288. 44, Criminal Sale of a Controlled Substance in the Third Degree. Attorney Bernie McEvoy handles marijuana and narcotics crime cases throughout Williamson and Davidson Counties, including Franklin and Nashville.
These are places children under 18 years of age typically congregate in high numbers. While Arizona generally takes a punitive approach toward the possession, sale or manufacturing of controlled substances, the law is particularly harsh toward any action that could conceivably expose children to illegal drugs.