Drug crimes can range from minor misdemeanors to serious felonies. Even a first-time conviction for simple possession may carry serious penalties – not to mention the long-term negative consequences of carrying a conviction for drug charges on your criminal record. Drug charges such as delivery or distribution are often prosecuted in federal court and may carry mandatory prison sentences. When you are under investigation or facing drug charges, it is important to take legal action to protect your rights.
The most frequently charged drug crimes in Oregon include (click link for more information):
- Drug Possession - including drug paraphernalia, marijuana (pot, weed, chronic), LSD (acid, liquid, blotter), psilocybin (shrooms), cocaine (coke, blow, soda), rock cocaine (crack) MDMA (ecstasy, molly), ketamine (special k), methamphetamines (crystal meth, speed, tweek, crank), heroin (cheeba, smack, dope), and certain prescription drugs without a prescription including opiates (oxycontin, vicodin, percocet) and benzodiazepines (xanax, klonopin, valium)
- Drug Distribution - including selling or distributing any of the drugs mentioned above, as well as conspiracy to distribute or sell drugs
- Drug Manufacturing - including growing and cultivating marijuana and other drug crops, as well as manufacturing methamphetamines (meth labs)
- Marijuana - follow this link for information on possession, distribution and manufacturing of marijuana, and information on the Oregon Medical Marijuana Program.
- Prescription Fraud - including phony prescriptions, forged prescriptions, and attempts to have legitimate prescriptions filled at numerous pharmacies
If you are convicted of a Class A misdemeanor drug offense, you will be placed on probation and subject to imprisonment of up to one year in jail, a fine of up to $6,250 and suspension of your driving privileges for up to 180 days. Probationary conditions are usually the same as they would be for a felony conviction.
If you are convicted of a felony drug offense, you will either be sent to prison or placed on probation, which can include county jail time. Probationary sentences for felony drug convictions almost always involve Supervised Probation, where you may be ordered to comply with both general and specific conditions. These probationary “packages” are negotiable; as experienced attorneys we know how to approach the court and request changes to conditions that would cause you an undue hardship.
If convicted, felony sentencing guidelines will determine a presumptive sentence based upon the seriousness of the offense and your criminal record (if any). The seriousness of the crime is determined by looking at the nature of the offense, the type and weight or number of doses of the drug, whether or not the crime involved the actual or attempted sale of drugs for money, and whether the crime involved minors or was committed within 1,000 feet of a school. Delivery and Manufacture charges generally receive greater sentences than Possession or other drug crime charges.
Illegal Search & Seizure
The US Constitution protects Americans from unreasonable government searches and seizures. Evidence obtained in violation of this constitutional right can not be used against you in court. Because many drug crime convictions depend on evidence seized from the home, car or your person, it is important to ensure that any search or seizure was properly conducted. For both situations involving warrants and warrantless searches, we will investigate the facts of your case to determine whether any illegal action was taken by police and suppress evidence where possible.
After meeting and recording your version of the facts, we will develop a strategy, pursue all necessary evidence, including witness statements, police reports, and contact experts as needed to assist in your defense. Depending on your circumstances, you may be eligible for a drug court program that will result in the complete dismissal of your charges. Even if you have a previous record of drug charges, we may be able to get you into a drug court program. We will review your case and guide you through your best alternative, whether trial, plea bargain or drug court.
Contact Us online or call 541-505-9872 to schedule a consultation.