Monday, May 23, 2011

Boise Criminal Attorney - Idaho Criminal Defense Lawyers - Manufacture, Possession and Trafficking a Control Substance

Boise Criminal Attorney, Idaho Criminal Defense Lawyers call (208) 472-2383.  If you have been charged with a crime in Idaho and need to speak to a Boise Criminal Attorney, call us today. Criminal Defense including DUI, DWP, Possession, Trafficking, Burglary, Theft, Shoplifting, Assault and Battery, Aggravated Assault, Sex Crimes, Internet Crime, and all crime in Idaho.

Most people know that possession, trafficking and manufacture of a controlled substance is a crime in Idaho.  People often, however, don't know exactly what that means.  Boise Criminal Attorneys are very familiar with the Uniform Controlled Substance Act which governs the classification and the penalty for this particular drug crime in Idaho.

The UCS Act classifies controlled substances into 6 different categories.  For example, Marijuana, Heroin, Mescaline, Peyote and Hallucinogenic Mushrooms all fall in to Schedule I of the UCS.  Opium falls into Schedule II.  Testosterone and Human Growth Hormone are Schedule III drugs.  Classifying them this way allows the statute to created specific penalties depending upon the schedule.

The penalty for the illegal use, manufacture, possession or distribution of a controlled substance is very stiff.  As a Boise Criminal Attorney I regularly get calls from people charged with possession and trafficking of marijuana, for example, who want to know what type of penalty they are facing.  Anyone who manufactures or delivers or is in possession with the intent to manufacture or deliver a Schedule I controlled substance will be charged with a felony and, if found guilty, can be sentenced to up to life in prison, up to a $25,000 fine or both.

This is the general type of sentence for "street" drugs, but it is also illegal to possess prescription drugs that fall into controlled substance categories, such as hydrocodone, phenobarbital, codeine or morphine.  As a Boise Criminal Lawyer I have seen a rise in this type of drug crime.  While the abuse of prescription drugs has always been around, it is on the rise for juveniles.  The crime for having prescription drugs in your possession is also severe.  If, for example, you are in the possession of a controlled substance which is a narcotic and you have not obtained the drug with a valid prescription, you can be charged with a felony and, if you are found guilty, you can be sentenced up to 7 years in prison, up to a $15,000 fine or both.

As a Boise Criminal Lawyer another form of this crime that I see that is fairly unknown to the general public is the creation, the delivery or the possession with the intent to deliver a counterfeit substance. So what this means is if you are selling "cocaine" for example that is not really cocaine, you can still be charged and penalized very severely for the claim that you are selling a real drug when it is actually counterfeit.  If you create a counterfeit narcotic drug, for example, you will be guilty of a felony and can be sentenced to up to 15 years in prison, be fined $25,000 or both.

In addition to these drug crime charges, there are also charges for being under the influence of a controlled substance.  If it is a first time charge you will be guilty of a misdemeanor and can be punished to 6 months in jail, a $1,000 fine or both.  With each subsequent charge within a five year period, the penalty increases.

If you have been charged with possession, manufacture or delivery of a controlled substance, possession of marijuana, possession of drugs, trafficking or any other drug crime in Idaho and you need to speak to a Boise Criminal Attorney, please call (208) 472-2383.  We always offer a free consultation.  Give us a call today.


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