What Is Heroin Possession And Trafficking?
One of the most addictive drugs is heroin. It’s an illegal drug that can result in quite a bit of trouble if you are caught with it in your possession or if you are caught with a significant amount that could be seen as trafficking the drug. Heroin is a drug that is made from poppy plants in most cases. It was once used in the country as a pain reliever. Now, people are using it to get a euphoric feeling that makes them feel like they don’t have a care in the world. Heroin is considered a controlled substance. It’s usually in a powder form, and most of the people who use heroin inject it into the vascular system. Some people will smoke heroin, but injection is a faster way to get the feeling of the drug into the body.
Simple possession means that you have the drug on your person and know that you have the drug. There is no denying that you have it because it’s usually in a pocket or in your hand when you’re searched. It can also be in a body cavity. You could also have the drug in a bag that you have in your possession. The key to this charge is that you know that the drug is present. Another form of heroin possession is constructive. This means that possession is inferred by the law. The prosecution must prove that the heroin that is found in a suitcase or in an area close to where you are located is in fact yours. This is where some of the defenses can come into play. Constructive possession usually comes into play if heroin is found inside the home, in a car, or in a business that you own. An example of constructive possession is if someone left a bag in your car and heroin was inside. Since the bag is in your car, then it would be considered your heroin even if it’s really not yours. Trafficking occurs when you have a substantial amount of the drug in your possession or the items used to package and deliver the drug to other people.
Penalties For Possession And Trafficking
States often have their own ways to punish people for possession and trafficking. If there is a large amount, then it’s sometimes considered a federal crime, especially if you’re taking the drug to another state or another country. You could be sentenced to a year in prison if you have nothing else on your criminal record as well as fines up to $1,000. As the amount of the drug that you have in your possession increases and the amount of trouble you’ve been in increases, the punishment will also increase. Some fines could be as much as $5,000 or more, and you could spend two or more years in prison.
What Are Defenses To Use?
There are a few defenses that can be used if you have been charged with possession. One is that you didn’t know that the drug was in your vehicle, bag, or home. You could also claim that the drug isn’t yours if it’s found in your possession. If the drug is found on you, it’s harder to defend against, but you could claim that it was left in a pocket after someone else wore your jacket or another piece of clothing.
Help From An Attorney
An attorney can often help with your heroin possession or trafficking charges. You need to be honest with your attorney about where the drug is yours and your intentions with the drug. The attorney can give you advice about how strong your case is and what to expect when you go to court, possibly making a plea to keep your jail sentence to a minimum if you serve time at all.
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