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Proven Criminal Defense In Upstate New York

Important aspects of drug charges

On Behalf of | Aug 25, 2019 | Drug Charges |

Facing a criminal charge is quite serious, and it can carry hefty penalties. Therefore, it is important for parties to fully understand the criminal court proceedings and their different aspects.

Various types of charges have their own nuances and critical parts. Regarding drug charges, there are a few key aspects to be aware of.

Key terms

The prosecution and defense may use a few key terms throughout the process. One of the most critical terms of the case is possession. In the eyes of the court, possession does not necessarily mean the party has the substance in physical possession, but rather it is under a person’s control. This could mean it is in the party’s home, storage closet, locker, etc. The type of controlled substance is also vital to the case. The substance type determines the schedule that the substance falls under, which correlates with the types of charges and penalties the accused may face.

Proof process

If the prosecution cannot present strong proof of the charges, they cannot stand. However, the proving process may look different for the various types of charges. For example, while a possession charge just requires the prosecution to show the substance was under the party’s control, law enforcement must catch the party in the act of distributing a substance to make a distribution charge stick. In the case of trafficking charges, the prosecution must present evidence that suggests the activity, such as large amounts of cash, drug , or products for distribution such as scales, dime bags, etc.


The penalties parties face depend on the amount and type of the controlled substance in the person’s possession. This also determines if the charge is a misdemeanor or criminal charge.

Fighting a drug charge may not be easy, but understanding the key aspects of the case can aid in creating a proper defense. It can also be beneficial to become familiar with the actual laws that apply to the case.