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} Drug distributiontransporting laws penalize the selling http://www.vegasgoldenknightsofficialstore.com/adidas-nate-schmidt-jersey , transport, and illegal import of illegal controlled substances into the US most notably marijuana, methamphetamine, crack http://www.vegasgoldenknightsofficialstore.com/adidas-mikhail-grabovski-jersey , LSD, heroin, and “club drugs”. As a result, drug distributiontransportation offenses may fall under a group of criminal activity viewed as an organized illegal activity which can certainly add substantially more charges to a defendant’s criminal offense and increase the penalties if convicted. Ownership or sale of these drugs is not really necessarily a component of the crime http://www.vegasgoldenknightsofficialstore.com/adidas-maxime-lagace-jersey , making objective a factor in the prosecution of distributiontransportation court cases. Drug distributiontrafficking laws can certainly implicate a single individual or possibly a broad ring of individuals involved within the offense. Transporting of controlled substances over a state line or a country’s border is defined as a federal criminal offense with serious penalties which may include the death penalty for drug kingpins.


Delivery of a drug is defined as the actual or attempted transfer of a drug from one person to another. Delivery and distribution are treated as separate violations under the Controlled Substance Act. Cash doesn’t necessarily be required to change hands for someone to be arrested for the selling of drugs. For instance, you may be found guilty of delivering a controlled substance even when others perform the physical act of delivery and you do not receive any money for the transaction. To give an example, a defendant was present while another person delivered and sold crack to an undercover agent. Evidence that the defendant brought a mirror to the transaction in order to help measure the cocaine was virtually all that was necessary for a charge of delivery and sale of drugs. Even though the defendant told police that she received merely a one-half gram of cocaine in return for her help with the drug sale, she was convicted for illegal delivery and sale.


Distribution is the delivery of a controlled substance other than for the administering or dispensing of it. A person is commonly guilty of distribution when he transfers a controlled substance to another person. The transfer can be actual http://www.vegasgoldenknightsofficialstore.com/adidas-marc-andre-fleury-jersey , constructive, or attempted. The transfer is actual whenever a person physically transfers the controlled substance to another; it is constructive, when the government can establish that an individual intends to sell or distribute an illegal substance via their actions or when the quantity of drugs in their possession is considerable; it is attempted when that person attempts to transfer the controlled substance to another, but is otherwise prevented from doing so. Anyone who purposely participates in bringing about a drug transaction http://www.vegasgoldenknightsofficialstore.com/adidas-malcolm-subban-jersey , even if only as a translator, is considered to be a deliverer of a controlled substance.


Dispensing of drugs for medical purposes is allowed under extremely specific regulations. However, should a physician dispense drugs outside of the scope of his medical practice, he can certainly be found guilty of drug violations http://www.vegasgoldenknightsofficialstore.com/adidas-luca-sbisa-jersey , as in U.S. v. Singh, (4th Cir. 1995), in which a doctor exchanged drugs for sexual favors with patients dependent on prescription drugs.


Transportation and distribution of drugs are much more serious offenses than is the offense of drug possession; and these crimes bring about the possibility of significant repercussions. Anyone contending with drug criminal charges for drug importation, drug transportation http://www.vegasgoldenknightsofficialstore.com/adidas-keegan-kolesar-jersey , or drug distribution and sale (not including small amounts of marijuana) are typically charged with a felony. A drug transportationdistribution arrest can lead to one or more years in a state prison as well as a permanent criminal record. Automobiles, homes and various other possessions tied into a drug transaction may also have to be forfeited.


The sale of drugs is always a felony arrest. A sale of less than 40 kilograms of marijuana is defined as a felony under federal law, and is punishable by five years in prison and a $250,000 fine. The penalty for the sale of “harder” drugs http://www.vegasgoldenknightsofficialstore.com/adidas-jonathan-marchessault-jersey , cocaine and heroin, might include a life sentence. Sentences and fines are almost always in line with the quantity of the sale, the previous criminal history of the defendant, the presence of weapons on the defendant during the transaction http://www.vegasgoldenknightsofficialstore.com/adidas-jon-merrill-jersey , and whether minors had been involved in the transaction or not.


Mere possession of a controlled substance does not demonstrate specific motive to distribute or sell the drug. Intent can’t be proven by use of direct evidence (evidence based on a witness’s firsthand knowledge) or circumstantial evidence (evidence based on inference); a distributor has to know that heshe is in possession of a drug intended for distribution.


Defenses for DistributionTransportation


Defenses for drug distributiontransportation criminal charges generally involve the violation of the Constitutional privileges of the person charged. Due process requires that every component of the crime be proven beyond a reasonable doubt, a high standard when trying to establish the elements in a distributiontransportation crime. Moreover, the 4th Amendment to the United States Constitution protects individuals from unreasonable searches and seizures. The unreasonableness is determined by the basic facts and circumstances of each case. If the authorities unlawfully searched you, or unlawfully seized your property http://www.vegasgoldenknightsofficialstore.com/adidas-jason-garrison-jersey , an Experienced Houston Attorney could very well be able to have the criminal charges dismissed.Various other proven winning defenses for distributiontransportation charges include entrapment and illegal surveillance, both of which an individual is constitutionally safeguarded against under certain circumstances.


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