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drug laws

College Students Arrested Allegedly Selling Xanax to Undercover Officers

Four college students at DePaul University in Chicago have been arrested for selling over 100 Xanax pills to undercover officers. The sales occurred on four separate occasions, for various quantities and prices, over the last few weeks. While Xanax is commonly used to help individuals with serious anxiety or other mental health issues, the drug is also sought after by recreational users. Despite the fact that it is legally available to individuals with a prescription, an individual cannot legally distribute or sell Xanax, or any other prescription drug for that matter, to any other person. Unfortunately for both legal and illegal Xanax users, the drug is reportedly highly addictive, which can lead to severe dependency issues. Selling Prescription Drugs Is Illegal Although individuals can legally purchase prescription drugs if their doctor provides a prescription, without the prescription, it is illegal to buy, or even possess, prescription drugs. This is because prescription drugs are considered controlled substances, similar to the traditionally illegal drugs, like cocaine or heroin. As such, they're regulated by the federal government, as well as state law. Like most state and federal drug laws, penalties for possession and illegal sale of prescription drugs will vary depending on the type and quantity of the drugs involved, as well as the circumstances surrounding the sourcing of the drugs. For instance, if an individual is discovered manufacturing an illegal prescription drug, they could be facing much more severe penalties than for simply possessing, or buying, an illegal prescription. Penalties for Selling Prescription Drugs Since prescription drugs can be legally obtained via a prescription, many times individuals will steal prescription pads in order to get their supply from a legal drug store. However, doing so can result in serious related criminal charges for fraud, or even conspiracy. Also, doctors who are found to be complicit in prescription drug schemes can face censure and serious penalties from medical licensing boards, in addition to serious criminal charges related to drug dealing. For first-time possession offenders, frequently the penalties will not be severe, or rise beyond the level of a misdemeanor. The penalty may not even include any jail time, unless there are extenuating circumstances, like a stolen prescription pad. For first-time distribution offenders, penalties usually will include jail time, and are likely to be charged as a felony. Related Resources: Hit with a drug charge? Have the charges reviewed free. (Consumer Injury - Criminal) If Roommate Sells Drugs, Can You Get Arrested? (FindLaw Blotter) Ice Cream Truck Driver Sold Oxycodone Pills from His Truck (FindLaw's Legally Weird) Drug Trafficking/Distribution (FindLaw's Learn About the Law)
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What Can and Cannot Be Expunged From Your Criminal Record?

It's welcome news to many criminal defendants that they can have their record expunged. While expungement might not be perfect -- most law enforcement agencies will still be able to see your arrest history and any convictions -- it means potential employers will have a harder time seeing your mistakes. But which mistakes are eligible for expungement, and which will remain on your permanent record? General Information For the most part, expungement eligibility is determined by the severity of the crime and the person's criminal record. State law can vary, but expungement is normally available for crimes committed as a juvenile and most misdemeanors, so long as you don't have an extensive criminal history. Also, expungement is usually a one-time deal -- if you're convicted of crimes committed after expungement, those are likely to stay on your record. Arresting Information Just because you've been arrested doesn't mean you're guilty. But a record of your arrest may pop up on a background check. Luckily most states will expunge an arrest record, especially if there was no conviction. And expungement can be part of a negotiated plea bargain. Getting rid of that online mug shot, however, might be a tougher task. Conviction Information If you've been convicted of a crime, whether you can clear your record will come down to state and local rules on expungement. Some states allow you to expunge a DUI conviction, some do not. This can come up especially if you're trying to expunge an out-of-state conviction. And some states are more likely to expunge a conviction after a certain amount of time has passed. No matter where you live, however, felony convictions are very difficult, if not impossible, to get expunged. The main criteria for most expungement decisions is the severity and nature of the event for which expungement is sought. Felony convictions normally involve more serious crimes, making them harder to get off your record. The expungement process can be complicated, and it certainly helps to have an experienced criminal law attorney on your side. If you have questions about your criminal record or want to have it expunged, contact one today. Related Resources: Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory) The FindLaw Guide to Expungement (FindLaw PDF) Got Priors? How to Expunge Criminal Records (FindLaw Blotter) When Must You Disclose an Expungement? (FindLaw Blotter)
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How to Choose a Criminal Defense Lawyer

If you're accused of a crime, you need a good criminal defense lawyer. But good doesn't come in one style, and what you need will depend on you and the specifics of your case. There are all kinds of counselors with different effective approaches to defense. People pick attorneys based on reputation, experience, word-of-mouth, price, advertising, the feeling they get when meeting counsel, and more. Here are some general principles to consider so you know what to look for when exchanging with defense counsel and deciding about representation. No Accounting for Taste There are many lawyering styles from the aggressive attorney to the zealous defender. Some lawyers are soft-spoken and persuasive, some are charming arguers, others are tenacious and creative and can find a solution where other attorneys see none. The lawyer for you depends on who you are and what your criminal case involves. An articulate attorney is key, however. You need to be able to talk to your lawyer and understand what they are saying and doing for you, even if it's through a language interpreter. Is the person inspiring confidence in you or do you feel like you're being hustled? Do you feel comfortable being represented by this individual based on how they speak and their apparent understanding of the issues? You will have to talk about difficult matters with a lawyer so don't go with someone who is a bully or in a big hurry because they seem slick. Really think about this relationship. It can mean a lot in your life. If, for example, you also have immigration or other legal matters pending, alert the attorney. Lay out all the possible concerns to get good guidance. Assessing Experience When it comes to deciding how much experience is right, this too depends on you. What you need is a dedicated attorney and one willing to work for the best resolution possible in light of your life. Some new attorneys are very good and some old ones have bad habits and vice versa. Look for someone who lays out multiple options or promises to do more research, for example. If the attorney starts by quoting a price and saying you likely have to plead guilty, proceed with caution. A defense attorney works for you. Sometimes that means telling you hard truths but you need explanations of process and some options, not another prosecutor. Consult With Counsel If you're accused of a crime, talk to a few lawyers. Call a few offices and find out what you can. Make an appointment with the lawyers that seem most promising. Many criminal defense attorneys consult for free or a minimal fee and will be happy to talk about your case. Related Resources: Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory) What to Look for in a Criminal Defense Attorney (FindLaw Blotter) How Much Does a Criminal defense Attorney Cost? (FindLaw Blotter) 5 Questions for Your Criminal Defense Attorney (FindLaw Blotter)
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Your Significant Privacy Interest in Your Phone Doesn’t End at Border

Your phone now contains more information than ever before, more even than your home, and the courts recognize this. You do have a significant privacy interest in your phone and you can challenge a search of your tech just as you would a search of your car. Two years ago, the Supreme Court acknowledged the significant role of technology in our lives in Riley v. California. A recent case out of the Eastern District of Virginia, US v. Kolsuz, illustrates this, saying specifically that search of a smartphone at a border requires reasonable suspicion, according to legal analyst Orin Kerr. Let's consider what it means for you. Attached to our Phones Chief Justice Roberts, writing for a unanimous court in Riley v. California, was cognizant of the role that cell phones play in contemporary life, and our significant attachment to our tech. The phone are, he said, "such a pervasive and insistent part of daily life that the proverbial visitor from Mars might conclude they were an important feature of human anatomy." In the more recent case, US v Kolsuz, the court rejected prosecutors' attempts to distinguish between two kinds of searches -- an extensive cell phone search from a very extensive one. The court found that either type of forensic search of cell phone data invades privacy and requires a warrant. It noted that the government can reconstruct an individual's private life by putting together the data in the phone and wrote, "Thus although the forensic search of defendant's iPhone did not involve the copying of every bit of data contained on the phone's hard drive, it nonetheless implicated significant privacy interests. To suggest otherwise is like suggesting that a strip search does not implicate a significant privacy interest so long as the government does not look between the person's toes." Search and Seizure The courts are increasingly finding we have a significant privacy interest in our technology, and recent rulings indicate that police must treat personal items like smartphones as they would your home or person. But remember that these cases arise when someone is challenging what already happened. This means that in reality when you are at the border, authorities may ask to search your phone and it is up to you to say no. Even if your phone is taken, you significantly improve your chances of successfully challenging the search by clearly refusing to consent to it. Accused? If you have been accused of a crime, don't delay. Speak to a criminal defense attorney today. Many lawyers consult for free or a minimal fee and will be happy to assess your case. Related Resources: Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory) Probable Cause (FindLaw's Learn About the Law) Police Misconduct and Civil Law (FindLaw's Learn About the Law) The Fourth Amendment Warrant Requirement (FindLaw's Learn About the Law)
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Top 9 Search and Seizure Questions

Now that the FBI has been caught bugging two California courthouses, many people are wondering about the limits of police surveillance. Recording conversations falls under the Fourth Amendment, which prohibits "unreasonable searches and seizures." So what's considered unreasonable? It's been a long time since the Constitution was written, and society and technology have changed quite a bit since then. Here are some of the limits of police search and seizure today: 1. Valid Search Warrant? 3 Things to Look For If police have a warrant, the search or seizure will almost always be reasonable. But how do you know if the warrant is legit? 2. When Are Warrantless Searches OK? While police need a warrant to search, seize, or conduct surveillance in most instances, there are quite a few exceptions to the warrant requirement. 3. Can Police Read or Search Through Your Mail? The privacy of written communication was one of the leading interests behind the Fourth Amendment. But it only protects the contents of the letter, and only until you throw it away. 4. Legal for Police to Read My Text Messages? State law on electronic searches can vary, and many allow searches of cell phones if you've been arrested, but the Supreme Court has ruled that police will need a warrant to do so. 5. When Can Police Search Your Home? Police almost always need a warrant to search your home, but can come in without one if you give them permission, if they see something in plain sight, if you've been arrested at home, or there's an emergency. 6. Can My Home Be Searched If I'm on Parole or Probation? Some states require that parolees and probationers sign an agreement giving officers permission to search their homes for contraband. 7. Is it Legal to Search Based on The Smell of Marijuana? Is every officer a K-9? It may depend on whether police smell marijuana in your house or in your car. 8. Can Police Follow You Without a Warrant? What if cops are really searching you, but just keeping an eye on you? What kind of surveillance requires a warrant? 9. When Can Police Conduct a Strip Search? Strip searches and cavity searches are extremely invasive and can be humiliating and embarrassing as well. But they are allowed in some cases. In most cases, if police perform an illegal search or seizure, that evidence can't be used against you. To find out if a particular search was legal, you should ask an experienced criminal defense attorney about your case. Related Resources: Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory) What are my Rights During a Traffic Stop? (FindLaw Blotter) Can Cops Pose as Cable Repairmen and Search My Home? (FindLaw Blotter) Wrongful Arrest? ...
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Can You Give Someone Marijuana as a Gift?

'Tis the season for giving, and some of you may be wondering if your gifts can be a little ... greener this year. And while we would love to give you a clear-cut answer on giving the gift of marijuana, the fact remains that pot laws and your ability to give someone pot as a gift will depend on where you, and that person, live. So before you put a bow on that bud, here are some drug laws to keep in mind: State-by-State Statutes Currently the legal status of marijuana is a patchwork of varying state laws overlaid with a nationwide prohibition. (Although federal authorities have said they will allow states to prosecute their own drug laws, you should know that any marijuana cultivation, possession, or distribution remains illegal under federal drug laws.) And even among states that do allow recreational pot sales, regulations may differ: Alaska restricts plant possession: Residents may have six marijuana plants, but only three can be mature and flowering at one time; Colorado sales depend on your residency: Coloradans can purchase 1 ounce of marijuana, out-of-staters can only purchase half an ounce; D.C. doesn't allow sales: While you can possess up to two ounces of marijuana and up to six plants in the nation's capital, the district didn't legalize pot shops or sales; Oregon bans weed delivery: You can possess up to eight ounces of marijuana, but delivery of pot is a felony; Washington pot limited to in-store sales: The state hasn't approved home ownership of marijuana plants. So don't do anything with weed this holiday season before you know the marijuana laws in your state. More Marijuana Mandates Obviously whether you can even legally purchase marijuana will be the first concern when it comes to giving pot as a gift, but even if you can buy it, there are some other restrictions and regulations you may want to be aware of. First off, the feds are still in charge of postal service, so you can't just mail the marijuana to your friends or family. Second, there are legal limits on travelling with pot, and crossing state lines with marijuana is generally a no-no. So just because it's easier to get weed doesn't mean it's easy to give weed. While that special person may appreciate the gift of marijuana, make sure your giving is legal. Related Resources: Marijuana Legalization and Decriminalization Overview (FindLaw) Seven States Struggling With Medical Marijuana (FindLaw Blotter) Snoop Dogg Invests in Medical Marijuana Delivery Service (FindLaw's Celebrity Justice) Does Indiana's Religious Freedom Law Cover Marijuana Church? (FindLaw's Legally Weird)
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National Park Drug Laws

We go to national parks to commune with nature, but if your communion includes more than sacramental wafers and wine, you may want to leave it at home. Park rangers are cracking down on drugs in national parks, especially Yosemite National Park, whose visitors are four times as likely to be arrested for drug possession. Party in the Park The majority of the drug busts are for marijuana, hallucinogenic mushrooms, and ecstasy, and occur in Yosemite's crowded Valley area, where the majority of the park's three million visitors camp within seven square miles. Many believe that this high concentration of visitors into a relatively small area accounts for Yosemite's abnormally high drug arrest rate. Arrests for drug possession far outstrip those for other crimes in Yosemite, whereas disorderly conduct, liquor violations are the most common in Grand Canyon and Yellowstone National Park, respectively. In fact, drug arrests in Yosemite accounted for almost a quarter of all arrests made in national parks nationwide from 2010 to 2012. Party Like a Park Star While some states may be relaxing their drug possession laws, and a few have legalized recreational marijuana possession and use, possession of any controlled substance remains illegal under federal law. As national parks, Yosemite and others fall under federal jurisdiction, and federal law trumps state law if there is a conflict. And, under federal law, a National Park System officer doesn't even need a warrant to arrest someone if the officer "has reasonable grounds to believe that the person to be arrested has committed or is committing" a federal crime. The best policy when visiting a national park is probably to leave the drugs at home (provided of, course, that you're allowed to have them there). It's far better (and safer) to get high on El Capitan than El Cannabis. If you find yourself facing criminal charges because a park ranger found some drugs in your camping bag, you'll probably want to talk to an experienced criminal defense attorney near you. Related Resources: Browse Criminal Defense Lawyers by Location (FindLaw Directory) Drug Busts Going Up in Yosemite (NBC Bay Area) Buzzkills: 3 Places You Can't Picnic With Beer (Law and Daily Life) Vandalize a National Park, Go to Jail (FindLaw Blotter)
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