Drug Crimes Legal Questions

Why not talk to the lawyer who helped you resolve the case originally (assuming that UAs are a condition of probation). If the case is just starting and the UAs are a condition of bond, there must be some evidence of dirty UAs (or diluted UAs) or the warrant wouuld not issue.  Find out what they are alleging exactly and then turn yourself in on the warrant - and prepare to defend yourself against the allegation that the UA was dirty - maybe get it tested further etc.  Locate a lawyer to help you with this in the county where the case is.... Read More

1. Possession of tobacco or cigarettes by a minor (under 18) is illegal under Colorado state law 25-14-301 (except if done at the direction of a governmental agency - i.e. a "sting" operation).  2. "metallic knuckles" are defined as an "illegal weapon" which 18-12-102 makes illegal to possess - it is a class 1 misdemeanor.  Using something as a paperweight woudl be "possessing" it.... Read More

Not sure what the question is.  But, your son certainly needs to have a lawyer hired for him or appointed by the court if he is indigent.  School searches are different from other searches so you may want to ask your lawyer about the differences after you have given him or her all of the facts.... Read More

Your friend needs to have a lawyer if he doesn't already. The lawyer can review the evidence they say they have and determine what can and cannot be proven - and possibly do some investigation in order to establish some of the facts.  Small towns can be a hard place to be facing criminal charges because there are lots of rumors that fly around and people talking about things they really don't know about.  ... Read More

Drug court and similar pretrial diversion programs are County-specific. In other words, we would need to know, at a minimum, the County in which you were charged, in order to give you relevant information about PTI or any other program. Eligibility is a second issue, that is usually tied to whether you have any previous criminal history, and the facts of the current case. Then, there is also the question of whether they can prove their allegation in the first place. You really just need to find and consult with a good lawyer, and then hire him/her to represent you, and ensure (if possible) you don't agree to a deal that will cause you to lose your job.... Read More

First, this is not legal advice. Second, unless you have a family friend who is a lawyer, it would be advisable to find counsel for your matter as Drug charges carry certain penalties and consequences (Student Aid). Should you not be able to find or fund a lawyer you have the ability to represent yourself, albeit once again, not advisable. Please evaluate your situation and find counsel. ... Read More

You will not be able to get the records expunged. But, if you successfully complete the deferred, you may be able to have the records sealed, pursuant an Order of Non-Disclosure.  Eligibility, and waiting period, are both controlled by statute, and depend on the nature of the offense.  If you want to send me some more information about the case, I'd be happy to look up your eligibility and discuss the sealing process, if your case is eligible, and if you're interested in pursuing it. You can email me at: rickoliverlaw@gmail.com  Best,  Rick ... Read More

You should produce in writing your full history of the prescription drug use: original Doctor's report and prescription; use of one doctor; use of one pharmacy; continuing visits and reports by treating physician. You will be successful if you provide this detailed written proof. Ed Dimon 732-797-1600... Read More

You would best be served by asking for a jury trial and hiring a criminal defense attorney.  If the paraphenalia was in plain view or even, if not, you would be well served by hiring a criminal defense attorney to protect your legal rights. Dr. Michael G. Sribnick, Esq. criminal defense attorney in S.C. Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read More

You need to consult with a criminal defense attorney.  The state's arguement will be that they are allowed to search anything that could contain an SD card.  Your arguement is best handled by a criminal defense attorney.  Do not go to court on your own. Dr. Michael G. Sribnick, Esq. criminal defense attorney in S.C. Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com  ... Read More

You must surrender on the warrant, be arraigned and obtain discovery from the government. You will then be shown what evidence the State or U.S. relies upon to seek a warrant for your arrest. You would be wise to hire a lawyer. If you are unable to hire an attorney and meet certain conditions, then the Court will appoint an attorney to represent you who will obtain the information that you seek.... Read More

Well, theoretically yes the judge could do that. However, not likely that a judge would take it upon himself without a recommendation from the DA. But, yes the DA could also do that depending on what the evidence is. Best to hire a lawyer to look over all facts of the case to give you a better answer. ... Read More

DA's are tough on school zone cases, more so in certain counties.  The sentence (if you plead or are found guilty...don't assume this will happen) will depend on a number of things: your history, if any, the amount of weed they are charging you with (2oz is a Class B misdemeanor), and the strength of the government's case.  Get in touch with a reputable and tough criminal defense lawyer who has connections in the county where you are charged.  Many of us will offer you a free consultation on these types of cases.  Once you've interviewed a few lawyers, hire the one you believe can help you the best and keep you out of trouble.  Best of luck, hope I helped.... Read More

When, and if, you get an early release from probation depends totally on the judge. There a variety of factors that the judge will consider including your prior record, how you are doing on probation, etc. However, 1.5 years into a 8 year term seems a little early to start asking for an early release.... Read More

Yes, absolutely.  But first-off, don't assume that just because the person was in possession of the contraband in the school zone means he is legally guilty.  A competent criminal defense lawyer would be able to sort out the issues and determine if the drugs can be "linked" to this person, or if the officer conducted an illegal search.  Many lawyers will offer free consultations on narcotics cases.  Call a criminal defense lawyer and get them working on the case.  Hope i helped.... Read More