I sort of have two separate answers but they both merge if you think about it. Under state law, the gun is not going to add much of an enhancement. The reason it is important though is a lot of times the parole board will look at that on a prison sentence.
On a non-violent drug felony, generally speaking, parole eligibility is after one-quarter of your sentence. However, if the parole board considers that gun, they might treat you as if it were an aggravated offense and make you do at least half of your sentence.
Under the federal system, the gun adds to the punishment. Depending on the way you get charged on the possession is how it will affect you. I would have to know what substance you were talking about. Of the penalty group one substances, the hardest street drugs, even less than a gram is a state jail felony. At that point, if both sides do testing, there may not be enough left for a charge. Residue in a bag is going to be enough to get you to a state jail felony.
The purpose of the Conditional Caution should be to prevent reoffending, and the conditions should further that purpose, so it should be relevant to the use of drugs. It can also include a requirement to pay a financial penalty.
A failure to comply with the conditions is likely to lead to a prosecution for the original offence, though depending on the overall situation the Police can choose to treat the conditions as completed, or change the conditions. A person should only be given a second Conditional Caution in exceptional circumstances.
The framework gives a single example of this being that over two years have passed since an earlier Conditional Caution was issued. While a Conditional Caution is a less severe outcome than a conviction, it does form part of your criminal record. As you have to admit guilt to be eligible for a Conditional Caution you should always seek legal advice on your specific situation before doing this. Simple Cautions — cautions without conditions attached - are still available in some circumstances, but we anticipate Police forces will be moving to Conditional Cautions in the majority of cases.
If you are charged you will receive a Summons informing you what you have been charge with, and requiring you to attend a Hearing at the Magistrates Court at a future date. You can contact us for more advice on what to do if this happens. If you are released under investigation then at that point you have not been charged, and there are unlikely to be any conditions attached for your release.
However, you may be asked to return to the Police station at a future date, or a decision may simply be made to formally charge you afterwards, in which case you will receive a summons. The Police may also choose to take no further action.
If you are released under bail then conditions may be imposed on your release. You will be bailed until a particular date, and usually have to return to the Police station on that date. At that point, you may either be bailed again, or charged, released under investigation, or told that no further action will be taken.
The advice below relates to what would happen if you are caught in possession of a controlled drug and subsequently prosecuted. In practice, if are caught in possession of a small amount of any drug for personal use you may get a community resolution or a conditional caution, as outlined above - however, Crown Prosecution guidance states where a person is caught in possession of more than a minimal amount of Class B or Class C drugs a prosecution will be the usual course of action.
You might be charged with possession if you have had cautions or convictions for similar offences before, or if you have more than a small amount of drugs on you. If marijuana residue is found on the pipe, you could be charged with possession of drugs.
This is true even if you forgot the pipe was in your possession or did not know it was present because someone else left it behind.
If this were to happen with a small amount of marijuana residue, you should seek legal representation. However, imagine the consequences if rather than marijuana, methamphetamine, cocaine or some other hard drug were found to be in your possession. Drug possession is a serious charge. Should you be charged, seek representation from a criminal lawyer in Bensalem.
You can, in fact, be charged with possession even if your drug use occurred sometime in the past, if you are found with drug residue to be in your possession. If you are facing drug charges based upon constructive possession, you owe it to yourself and your future to retain experienced legal counsel right away. The laws do not distinguish when it comes time for sentencing, so a solid defense is your best strategy. For more information, please contact Fort Lauderdale drug crime attorney Kevin J.
Kulik to set up a consultation at our office. We can offer advice and discuss defense options after reviewing your situation. Close Menu. Menu Call Email Search.
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