Every state has their own statutes that address drug offenses. Connecticut is no different. Connecticut breaks drug crimes down by two things: possession and intent to sell. Obviously, the penalties for intent to sell are much harsher than they are for possession.
The law is also broken down by the type of drug. For example, marijuana is treated a lot differently than methamphetamines. The more serious the drug, the more serious the consequences.
Criminal defense lawyers in Connecticut are very familiar with the drug laws. They’re also familiar with how to defend a drug offense. Connecticut is actually one of the more lenient states when it comes to drug law defenses.
If you or your loved one have been arrested and charged with a drug offense, you need to call a criminal defense lawyer in Middletown, Connecticut.
Your Criminal Defense Lawyers Knows the Drug Laws for Possession in Connecticut
If you get caught with drugs in your possession in Connecticut, you’re going to face some serious consequences. The law in Connecticut is very specific when it comes to drug possession.
Legally, possession is defined as having physical possession of the drug or exercising dominion and control over the substance. In order to convict you of drug possession, the State must prove the following:
- You knew what the substance was
- You knew it was there and
- Also, you had dominion and control over the substances
These seem pretty self-explanatory. However, your criminal defense lawyer can still argue all of these points.
For example, how will the State prove that you knew what the substance was? For all they know, you thought the substance was one thing when it was really a drug. And, how can they prove that you knew it was there?
A lot of drug cases involve traffic stops where your vehicle is searched. If they find drugs in your car, you’ll be charged with possession. Unless someone else in the car claims the drugs are theirs, the cops are going to assume the drugs are yours.
In these car search cases, your criminal defense lawyer will argue that the drugs weren’t yours. They’ll also argue that you had no idea what they were or that they were there in the first place.
When it comes to dominion and control, it provides a catch-all for the State. It lets them charge you with drug possession simply for having drugs near you. This is the type of case in which your lawyer may have a good chance of getting the charges dismissed or reduced.
What About Drug Charges that Involve Constructive Possession?
If you’re caught with drugs on your body, it’s very hard to argue that they weren’t yours. It’s also almost impossible to say you didn’t know they were there. Lots of defendants have used the old “they’re not mine” line, but it’s not going to convince a jury you’re innocent.
As we said earlier, you can be charged with drug possession even if the drugs aren’t on your body. If drugs are found near you, you may be charged with constructive possession. This basically means that, even though the drugs aren’t on you, they’ll be considered yours.
When it comes to drug charges, the State is going to use common sense. Whatever explanation makes the most sense is what they’re going to believe. Your criminal defense lawyer will have to prove otherwise in order to get you declared innocent.
What Special Defenses are Available in Middletown, Connecticut?
Connecticut is a bit more progressive when it comes to drug addiction. If you’re charged with a drug offense in Connecticut, there is a special defense you can raise. If you can prove that you are a drug dependent person, you may be able to get your charged reduced or dismissed. Connecticut is one of the few states that actually offer this defense.
In order to prove that you’re drug dependent, your lawyer will demonstrate the following factors:
- What is your tolerance level for the drug?
- Do you go through withdrawal if you don’t have the drug?
- Do you take more of the drug than you should?
- Have you repeatedly tried to get clean?
- You spend a great deal of time chasing your habit
- You give up your social life and career to focus on using
- Also, you continue to use the drug even though you know it’s wrong
Even if your criminal defense lawyer can prove you’re drug dependent, it doesn’t mean you’re exempt from the penalties. However, it does offer the judge the option of ordering rehabilitation rather than criminal penalties.
If you or a loved one have been charged with a drug offense in Connecticut, call and schedule a free consultation with an experienced criminal defense lawyer in Middletown.