If you’ve watched the new or movies, you’ve probably seen just how bad something like a drug possession offence can be. Having drugs in your possession can in fact cause you to end up in jail which is somewhere you most certainly do not want to be. There are many different sentencings that are also involved in these penalties. Penalties can range from anything such as a $100 fine to thousands of dollars, along with several years in prison. Both for the same offence.
Drug possession sentences tend to have the smallest penalties, which if you think about it, are still considered to be serious. There are sentences what could be far worse, however, and this includes offences such as the intention to distribute or sell drugs, as well as the manufacturing of drugs. In many cases like these, prosecutors will try and help the person that is charged with these crimes and eliminate or reduce their sentence if they provide information towards the investigation of arresting the crime leader that owns the drugs.
Special Drug Courts
Drug courts have been created in many states all around the U.S. as it allows for better control over these types of offences. These courts include programs for drug defendants that are overseen by the judge to rehabilitate the defendant and not take the case to trial. This is especially the case for those that are young and have been caught with drug offences. Judges have complete control over the operation of these courts and for those who agree to it will spend approximately 12 to 15 months in a treatment program in which they will have to endure the process of random drug tests. This will furthermore involve them appearing in front of the judge regularly. Drug defendants that fail these tests or fail to appear in court are given a brief sentence.
State and Federal Drug Possession Penalties
There are minimal established sentencing guidelines when it comes to drug offences. This is true for both low and high-level distributors. Most of the states in the U.S have adopted similar approaches instead of sentencing. These sentences vary from the types of drugs, the weight of it, as well as the number of previous convictions of the drug defendant.
Factors Influencing Drug Possession Penalties
Apart from mandatory sentencing, there are also other factors that determine the penalties for drug possession. When creating a sentence, courts will consider the mitigating or aggravating factors that are relevant to the case. They will also take the defendants record into consideration. These factors will also include the location of where the offence took place. Those who assist the person who is carrying out the crime, also tend to get a lighter charge and is not considered to be the person that committed the actual crime but could still be sentenced.
