Salem Drug Crimes Defense Lawyer
If you have been accused of possessing, selling or manufacturing a controlled substance you need a lawyer ready to confront the full force of the state. I have had over 30 years of aggressively defending clients in state courts.
Experienced Salem Attorney For Those Accused Of Drug Crimes
My experience with drug crimes includes cases in the following areas:
- Unlawful possession
- Unlawful manufacture
- Unlawful delivery
There are many factors and complex guidelines in place for drug crimes. Having an experienced defense attorney can help you understand the charges you face. To really understand what you may be facing upon conviction for an Oregon drug offense, it is necessary to identify the crime seriousness ranking and the individual’s personal criminal history score under the guidelines. Determining the maximum potential sentence under the crime seriousness ranking depends on the following factors:
- The type of controlled substance;
- The type of drug charge (possession, delivery, or manufacture);
- Whether a “substantial quantity” was involved;
- Whether the crime is classified as a “commercial drug offense”;
- Whether a minor child was involved; and
- Whether the offense took place within 1000 feet of a school.
In some instances plea agreements are reached; in others a trial is necessary. In many instances, co-defendants are charged in these kinds of cases, making the outcome unpredictable. Having a lawyer who can effectively defend you can make a big difference for you both in negotiations and in the courtroom.
Controlled Substances And Schedules: What The State Must Prove
Oregon drug charges can change based on the substance involved. The state groups controlled substances into Schedules I through V. These schedules help determine how the law treats each drug and what charge may apply. Because of that, the exact substance matters from the start of your case.
The state must also prove the elements of the offense it charged. In a possession case, that may include showing that the substance was controlled and that you knowingly or intentionally possessed it. Police reports, field tests, lab tests and officer observations may all become part of the evidence. A lab result can help identify the drug, while other evidence may show who had control over it. Since the identity of the substance can affect the charge, I can review how police collected, handled and tested it. I can also look for gaps that may weaken the state’s case.
Common Controlled Substances In Oregon Cases
Oregon drug cases may involve street drugs, prescription medications or other regulated substances. Common examples include methamphetamine, heroin, fentanyl and cocaine. Some cases also involve oxycodone or other prescription drugs when the state claims someone possessed or distributed them without legal authority.
Marijuana cases require a different review because Oregon allows some adult possession and use. Even so, conduct outside those limits can still lead to criminal charges. That may include certain unlawful sales, deliveries or possession amounts. For that reason, the type of drug and the facts of the arrest work together to shape the case and the defense options available to you.
Will I Go To Jail For A First-Time Drug Possession Charge In Oregon?
A first drug possession charge does not always mean jail. Oregon changed its drug laws after Measure 110, then changed them again through House Bill 4002. Under the current system, some possession offenses can lead to misdemeanor charges, but treatment or deflection options may also apply in some cases.
What happens next depends on the drug, the amount, your record and the facts of the arrest. The court may also look at your past record and the details tied to the alleged offense. In some cases, a deflection program may connect you with treatment instead of moving the case through the usual criminal process. Courts may also consider probation, treatment conditions or other options when the law allows them.
If you face a first-time possession charge, I can review the evidence and explain which options may apply to you. I can also examine whether the state can prove the charge and whether treatment, deflection or another resolution makes sense. That gives you a clearer view of your choices before you decide how to move forward.
Contact Daniel J. Lounsbury Attorney at Law
To schedule a consultation, contact my office in Salem, Oregon, at 503-967-3119 for a no-cost phone consultation. I have someone on staff who speaks Spanish.