If you’re facing drug crime charges in Rhode Island, it’s essential to have a knowledgeable and experienced criminal defense attorney by your side. Drug offenses can carry severe penalties depending on the substance and amount involved.
The stakes are high, and the outcome of your case could significantly impact your future. Don’t take chances with your defense. Let Manosh Payette Criminal Defense Attorneys advocate for you and protect your rights throughout the process.
For immediate assistance, contact our law office today at (401) 854-7794 to schedule a free consultation with a skilled Rhode Island drug crimes lawyer.
How Manosh Payette Criminal Defense Attorneys Can Help If You’re Arrested For a Drug Crime in Rhode Island
When faced with an arrest, having a competent legal team can make a significant difference in the outcome of your case.
Here’s how our Rhode Island criminal defense attorneys can assist you:
- We will review the details surrounding your arrest to see if any of your constitutional rights were violated. If they were, we can file appropriate pretrial motions, like a motion to suppress illegally obtained evidence.
- We will conduct a thorough investigation of the evidence against you, identifying weaknesses in the prosecution’s case that can be leveraged in your defense. This may involve interviewing witnesses, gathering expert testimony, and reviewing police reports.
- In some cases, we can negotiate plea agreements to secure reduced charges or more lenient sentencing options. Ultimately, whether you accept a plea deal or go to trial will be entirely your decision.
If you’ve been arrested for a drug offense in Rhode Island, let us help. Contact Manosh Payette Criminal Defense Attorneys for a free case review with a Rhode Island drug crimes attorney.
Overview of Drug Crimes in Rhode Island
Drug-related offenses in Rhode Island encompass a range of legal violations. Two of the most common charges include possession of a controlled substance and possession with intent to deliver.
Possession of a Controlled Substance
When facing charges of possessing a controlled substance, the prosecution must establish three pivotal criteria.
First, it must be proven that you had possession of the specified drug. Second, this possession must have been intentional and knowing, indicating an awareness and control over the substance in question. Finally, the substance must fall under the classification of a controlled substance according to Rhode Island statutes, with examples including fentanyl, heroin, cocaine, and non-authorized prescription drugs.
Possession comes in two forms:
Actual Possession: This occurs when the illegal drugs are physically on you, such as in your pockets or bags that you are directly carrying.
Constructive Possession: This pertains to situations where, although you do not have the substances on your person, you maintain knowledge and power over them. For example, drugs are found in a backpack in your home or in the glove compartment of a vehicle you occupy.
Possession With Intent to Deliver
The offense of possession with intent to deliver is considerably more serious.
For a successful conviction, the prosecutor must demonstrate the following elements beyond a reasonable doubt:
- You had either actual or constructive possession of the specified drug
- Your possession was intentional, showcasing awareness of your control over it
- Your intention was not merely possession but also the intent to deliver
- The substance in question is recognized as a controlled substance under Rhode Island law
One of the most important things to understand about this crime is that the prosecution does not need to prove that an actual transaction took place. Prosecutors can establish evidence of intent through various indicators that do not rely on law enforcement witnessing a drug transaction.
This involves examining circumstantial evidence; possession of large quantities of a controlled substance, packaging materials commonly associated with drug distribution, or large amounts of cash can serve as powerful indicators of intent.
Electronic communications, including text messages or call logs, can also play a role in establishing intent to deliver.
What Are the Potential Penalties For Drug Crimes in Rhode Island?
Drug-related offenses in Rhode Island are met with strict penalties, though recent adjustments to the state’s drug statutes have introduced certain leniencies for particular violations.
Penalties for Possession of a Controlled Substance
As of September 28, 2021, the law has shifted significantly regarding possession of controlled substances in Rhode Island. Previously, possession offenses were categorized as felonies, which carried severe financial penalties and the potential for long-term incarceration.
However, recent changes have reclassified straightforward possession of controlled substances (excluding marijuana, which is now decriminalized and available for medical use) as misdemeanors.
This means that if an individual is found with 10 grams or less of certain controlled substances, they will face a misdemeanor charge, which could result in a maximum of two years in prison and fines.
Penalties for Possession With Intent to Deliver
Possession with intent to deliver remains a felony under Rhode Island law, with significant penalties that vary based on the specific substance and amounts involved. In severe cases, individuals may even be subject to life imprisonment and substantial fines.
Given the complexities of these charges and their implications, consulting a Rhode Island criminal defense lawyer is highly recommended.
What Defenses Can Be Raised If I’m Arrested for a Drug Crime in Rhode Island?
If you’re facing drug-related charges, various legal defenses can be used to contest the allegations. Understanding these defenses is crucial for strategically navigating the situation. Below are some of the most common legal strategies your attorney might use:
Lack of Possession
The defense of lack of possession argues that the accused did not have physical control or dominion over the controlled substance in question. This defense can be effective if evidence indicates that the drugs were not found on the individual or if they were located in a shared space without any proof of ownership.
Establishing that the substance was not in the defendant’s possession can lead to reasonable doubt regarding the charges. This could create a strong basis for an acquittal or dismissal of the case.
Illegal Search and Seizure
The defense of illegal search and seizure is based on the Fourth Amendment of the United States Constitution, which protects individuals from unreasonable searches and the seizure of evidence. If law enforcement officers obtained evidence against the accused through an unlawful search, the defense can argue that the evidence should be deemed inadmissible in court.
This may significantly undermine the prosecution’s case, as key evidence linked to the alleged drug crime could be excluded. This could lead to dismissal of charges or an acquittal.
No Intent or Knowledge
This defense focuses on the necessity of proving that the accused had both the intention to engage in illegal drug activity and the knowledge of the substance’s nature as a controlled drug. In many jurisdictions, simply possessing a substance does not automatically imply criminal intent. If an individual was unaware that they were in possession of the controlled substance, this can be a compelling defense.
For example, if the accused borrowed a car or bag from someone and were unaware that it contained illegal drugs, this could be used to show a lack of intent and knowledge.
Entrapment
The entrapment defense can be used when law enforcement officers induce an individual to commit a crime they would not have otherwise committed. This defense requires proof that the accused was not predisposed to committing the drug offense and was only tempted or persuaded by law enforcement agents.
Not a Controlled Substance
In order for a defendant to be convicted of a drug offense, it must be established that the substance in question falls within the legal definitions outlined by local or federal laws. If the defense can demonstrate that the substance does not meet these criteria, it can lead to a dismissal of charges.
This may involve expert testimony or scientific evidence to establish the composition and legality of the substance.
If you’re facing drug charges, the best thing you can do is reach out to an experienced defense attorney in Rhode Island.
If you find yourself facing a drug-related charge in Rhode Island, taking proactive steps is essential. This means reaching out to a defense attorney as soon as possible. Their experience and knowledge will give you the best chance at beating the charges against you.
If you need help, contact Manosh Payette Criminal Defense Attorneys to schedule a free consultation today at (401) 854-7794 with a Rhode Island drug crimes lawyer.
