Serious Defense for Serious Charges
Rhode Island Drug Defense Lawyers
Drug crimes are considered very serious offenses in the state of Rhode Island. If you have been charged, it is important to quickly hire an experienced Rhode Island criminal defense attorney.
It does not matter if you have been charged with simple possession of a controlled substance or the distribution, trafficking or manufacture of a controlled substance. In any of these cases, a conviction could result in serious penalties, including a jail sentence. To successfully defend a drug charge, you will need a Rhode Island defense attorney who is highly experienced and knowledgeable in all of the possible defenses to a drug crime.
You need a criminal defense lawyer if any of the following apply:
– If you have been arrested and charged with a felony or misdemeanor drug offense.
– If you have been given a summons for possession of cannabis/marijuana.
– If you have been given notice that the Attorney General has signed an Information against you.
– If you have been arrested but given no court date, you need a drug defense lawyer because the court date could be coming soon.
– If you are under investigation by state or federal law agencies for a drug charge.
– If you feel that you may be the target of a drug investigation.
Contact Manosh Payette Criminal Defense Attorneys immediately to discuss your drug charge.
Drug Addiction
Our attorneys have spent decades working with good people who struggle with drug addiction. We will work with you and your family to find the best treatment options, always with the goal of a favorable resolution to your criminal case.
Protecting Your Future – Alternative Sentencing and Rehabilitation
Rather than treating addiction as a criminal issue, Rhode Island offers various alternative sentencing programs aimed at rehabilitation instead of incarceration. Our experienced attorneys work tirelessly to explore all available options, including:
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Drug Court Programs – We advocate for clients to enter Rhode Island's Drug Court, where they can receive treatment and supervision instead of jail time.
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Diversion Programs – First-time offenders may qualify for programs that allow charges to be dismissed upon successful completion of treatment.
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Probation and Treatment Alternatives – We negotiate for treatment-based probation terms that allow clients to get the help they need while staying out of jail.
Fourth Amendment- Bad Search
Every person has the right to be free from unlawful searches by the police. Our attorneys have argued Rhode Island Fourth Amendment law in every Court of this State- all the way to the Rhode Island Supreme Court. Every drug case should be carefully analyzed to determine if there are legal defenses to the charges. A successful Motion to Suppress the evidence often results in a dismissal of the case, so it is crucial to work with an attorney who has extensive experience litigating these important cases.
How do they prove possession?
The State must prove that you had possession of the drugs. It does not need to prove that the drugs were in your hand or in your pocket- they only need to prove that you had constructive possession, and more than one person can have constructive possession of one bag of drugs. This is most commonly charged when a car is pulled over and the police discover drugs in the center console or under a seat.
Do the police need a search warrant?
The law requires that the police get a search warrant before they conduct a search. BUT, like most things in criminal law, there are many exceptions to this rule. For example, the police do not need a warrant:
- If someone gives them consent to search.
- If the evidence is in plain view of the police officers.
- If the police observe the drugs in an "open field."
- If the property has been abandoned.
- If the evidence is located during a search incident to arrest.
- If the police find the evidence during an inventory search.
- If the police argue that they had exigent circumstances that precluded the application for a warrant.
It is very important to remember that all of these exceptions are fact-specific (meaning every case will be different) and that there is a lot of case law that explains when the police can claim an exception. Our attorneys have litigated every single one of these types of exceptions and have argued hundreds of Motions to Suppress in the Rhode Island Courts.
These cases are complicated and the penalties can be severe. Call Manosh Payette Criminal Defense Attorneys to explore every legal defense available to you.
Overview of Drug Charges in Rhode Island
Understanding drug charges under Rhode Island law is crucial if you find yourself facing allegations. The following are some of the most common types of drug charges:
Possession with Intent to Deliver
The charge of possession with intent to deliver is a serious offense in Rhode Island.
To secure a conviction, the prosecution must provide evidence proving the following elements beyond a reasonable doubt:
- You had in your possession, either actual or constructive, the specific drug mentioned;
- Your possession was knowing and intentional – you were aware that you controlled this substance;
- Your intention was not just control but delivery and
- The substance qualifies as a controlled substance according to Rhode Island law.
The State may argue behavior suggestive of distribution intent as opposed to personal use, such as large amounts or quantities broken down into smaller packages, the presence of other paraphernalia like digital scales, and large amounts of cash.
Possession of a Controlled Substance
Facing an accusation of possession of a controlled substance in Rhode Island requires the prosecution to provide strong evidence proving three key elements:
- You possessed the specific substance in question;
- The possession was done knowingly and intentionally, meaning that you were aware of your actions or control over these substances; and
- The drug is classified as a controlled substance under Rhode Island law. Common examples include fentanyl, heroin, cocaine, marijuana, and unauthorized prescription medications.
It's important to know that possession can take the following two forms:
- Actual Possession: You physically had the drugs on your person, such as inside your pockets or in bags directly carried by you.
- Constructive Possession: Circumstances where you have knowledge about and access to substances but don't physically have it on you. For example, drugs that are in a backpack inside a house, or an illegal substance that is in the glove compartment of a vehicle you are inside of.
What Are the Penalties for Drug Charges in Providence, Rhode Island?
Drug charges in Providence, Rhode Island are taken seriously and can attract hefty penalties.
Possession of Small Quantities of a Controlled Substance is Now a Misdemeanor
Prior to September 28th, 2021, possession of any controlled substance was categorized as a felony. This came with hefty fines and thе possibility of significant jail timе upon conviction.
Howеvеr, legislative amendments havе modified thе classification of such felonies to misdemeanors instead. Simplе possession of a controlled substance (excluding marijuana, which has been decriminalized and can be used for medicinal purposes) is now treated lеss sеvеrеly under the law than it used to bе.
If you're caught possessing 10 grams or lеss of certain controlled substances – cocaine or heroin as an еxamplе – you would be charged with a misdemeanor and face 2 yеars in prison and a fine of up to $5,000.
Possession With Intent to Deliver, Delivery, and Manufacturing
Possession with intent to deliver, delivery, and manufacturing controlled substances are all felonies under Rhode Island law, attracting harsh punishments. The exact sentence you will receive for this crime depends on the type and amount of the substance.
Many people are shocked to learn that you could face up to 30 years in prison (or more!) and significant fines for this crime. To determine the exact penalties you're facing, it's always a good idea to speak with an experienced Rhode Island criminal defense lawyer.
Rhode Island Laws on Possession of Large Quantities of Controlled Substances
Possession of large quantities of controlled substances in Rhode Island is a serious criminal offense that carries severe legal consequences - with some statutes calling for 30 or even 50 years in prison. Law enforcement and prosecutors often assume that individuals found with significant amounts of drugs intend to distribute them, which can lead to enhanced charges and penalties. If you are facing drug possession charges involving large quantities of controlled substances, it is critical to have an experienced legal team on your side to protect your rights and build a strong defense. These cases often carry the presumption of intent to distribute, even if there is no direct evidence of drug sales or trafficking.
Potential Charges and Penalties
- Felony Charges – Large-quantity drug possession is generally classified as a felony, with potential sentences including substantial prison time and fines.
- Intent to Distribute Presumption – If the quantity of drugs exceeds a certain threshold, the prosecution may argue that the defendant intended to sell or distribute them, leading to drug trafficking charges.
- Enhanced Penalties for Certain Locations – Possessing large amounts of controlled substances near schools, parks, or public housing can result in increased penalties.
- Asset Forfeiture – Law enforcement may seize assets, including cash, vehicles, and property, if they believe they were used in connection with drug offenses.
How Our Law Firm Defends Clients Facing Large-Quantity Drug Possession Charges
At Manosh Payette Criminal Defense Attorneys, we have extensive experience defending clients against serious drug-related charges in Rhode Island. We use proven defense strategies to challenge the prosecution's case and work toward the best possible outcome.
Key Defense Strategies We Use
- Challenging Illegal Searches and Seizures – If law enforcement obtained evidence through an unlawful search, we aggressively fight to have that evidence suppressed.
- Disputing Intent to Distribute – We challenge the assumption that possession of large quantities automatically means intent to sell, aiming for reduced charges.
- Scrutinizing Law Enforcement Procedures – We investigate whether the police followed proper protocol in searches, seizures, and arrests.
- Negotiating Alternative Sentencing Options – When appropriate, we advocate for drug diversion programs or reduced sentencing to avoid lengthy incarceration.
Why Experience Matters in Drug Possession Cases
Drug possession cases involving large quantities of controlled substances are highly complex and require an aggressive, knowledgeable defense team. Our attorneys at Manosh Payette Criminal Defense Attorneys have a deep understanding of Rhode Island drug laws and a track record of success in defending clients facing serious drug charges. We know how to challenge the evidence, negotiate with prosecutors, and present compelling arguments in court to protect your freedom and future.
Contact Us for a Strong Defense
If you have been arrested for possession of large quantities of controlled substances in Rhode Island, do not wait to secure legal representation. The stakes are high, and an experienced defense attorney can make all the difference in your case.
Call Manosh Payette Criminal Defense Attorneys today at 401-854-7794 for a free consultation. We will evaluate your case, explain your legal options, and fight tirelessly to defend your rights and future.
Collateral Consequences of Drug Convictions
A drug conviction in Rhode Island has more than just legal implications; it also carries with it collateral consequences that go beyond the courtroom and can impact many aspects of your life, including:
Denial of Public Housing
Housing is often impacted, as certain drug convictions may disqualify you from public housing benefits or any housing assistance programs.
Difficulty Finding Employment
Most employers conduct background checks, and a drug-related offense on your record could result in denied opportunities or even dismissal from your job.
Restrictions on Parental Rights
If you are a parent, especially if there's an ongoing custody issue, having a conviction for a drug offense might influence family court decisions relating to your parental rights due to concerns about your children's safety.
Denial of Student Loans
Some FAFSA loans are restricted based upon the applicant's prior drug record, so pleading to a drug offense could have serious consequences for your future education.
If you're faced with any type of drug charge, it's essential to reach out to a criminal defense lawyer as soon as possible.
What Defenses Can Be Raised if I'm Arrested for Drug Crimes in Rhode Island?
Being charged with a drug-related crime in Rhode Island is a serious matter, but not all charges lead to convictions. Strong defenses for these types of crimes can be raised, and often include:
Illegal Search and Seizure
Challenging the legality of police actions that led to the discovery of drugs might reveal violations of your Fourth Amendment rights. If this is the case, such evidence obtained from an improper search or seizure could potentially be suppressed, meaning it can't be used against you at trial.
Entrapment
An entrapment defense argues that law enforcement induced you to commit a drug crime that you otherwise would not have committed had they not pressured you to do so. The crux of this defense is proving that you were not predisposed to commit this crime.
Lack of Possession
This defense argues that you did not have any actual or constructive possession of the drugs. If you can prove that you were unaware of their presence, it casts doubt on your knowledge and intent to control the substances.
No Intent to Distribute
This defense helps to reduce felony charges of intent to distribute down to misdemeanor possession. By asserting that the drugs found were for personal use only, you can avoid significant penalties related to distribution.
Prescription Medication
If accused of illegal possession when you were actually in possession of a legally prescribed medication, a valid prescription from an authorized healthcare provider can defend against certain drug possession charges.
Each case is unique, so it's important to work with a drug crimes lawyer to determine your best defense strategy.
Schedule a Free Case Evaluation With Our Rhode Island Drug Crimes Law Firm
