Before Arkansas prosecutors may go after individuals for alleged drug crimes, they must be able to prove that the allegedly illegal actions actually happened. Proof in the criminal context may come from various forms of evidence, and when law enforcement officials actually witness crimes take place the evidence may be considered quite strong. However, in some situations law enforcement officials may have too much involvement in the commission of an alleged crime and may actually entice individuals into committing breaches of the law that they may not have intended to do.
The Fourth Amendment to the United States Constitution serves as a protection to individuals who have been or may be subject to searches by law enforcement officials. The amendment prohibits unreasonable searches, and, over time, legislation has been enacted to attempt to codify what is and what is not unreasonable regarding the actions police officers can take. Generally, Arkansas police officers and law enforcement officials around the nation must have probable cause to perform searches on individuals.
Many of the posts on this Arkansas-based criminal defense blog focus on the severe and life-altering criminal charges that individuals can face when they are found to be in the possession of drugs. Whether they are found to simply have drugs or are charged with selling or distributing them, an individual's life can change quickly due to their pending charges. This post introduces a related topic that readers may not know much about in the realm of drug charges, and that is possessing paraphernalia.
There is no question that Arkansas residents have benefitted from the advancements that drug companies have made over the decades. Formerly incurable diseases now have remedies thanks to modern medicine, and conditions that were once considered untreatable may be managed with prescription medications that individuals can get from their local pharmacies. However, just because a drug has been identified as potentially helpful for treating medical conditions does not mean that it is legal for everyone to possess it.
Facing drug charges could be a serious matter. Whether it is a minor offense involving just the accused or a major offense involving many parties, it is important to understand the matter at hand and what criminal defense options are available.
There are a number of criminal charges that an Arkansas resident may face if they are alleged to possess or sell prohibited substances. Whether their charges involve marijuana or cocaine, heroin or another kind of drug, the actions that they are alleged to have taken with regard to those drugs may impact the severity of the punishments they can face. For example, while drug possession charges are serious, drug trafficking charges may be considered felonies and subject to longer prison sentences.
The Fourth Amendment is a critical component of the Bill of Rights and the vast protections that individuals in the United States are expected to enjoy. The Fourth Amendment protects individuals from unreasonable searches and seizures and is generally the source of law used to justify the need for warrants when law enforcement officials wish to search private homes. Law enforcement officers in Little Rock have executed more than 1500 searches based on alleged drug crimes in Little Rock in the last decade and almost all of them have been granted a special status.
There are laws that penalize the usage of illegal substances. Marijuana is illegal for recreational use in Arkansas. Though the law recognizes medical uses of the drug for individuals who are suffering from specific illnesses and ailments, most individuals who are caught in possession of the substance may be charged with drug crimes and punished. Possible criminal sanctions do not always deter individuals from having and using marijuana, and across the world, marijuana is celebrated on a specific day.
The Controlled Substances Act is a federal law that prohibits the sale, distribution and possession of cocaine. Because it is enforced by the Drug Enforcement Agency, it is applicable in all 50 states, including Arkansas. Therefore, individuals who are alleged to be involved in cocaine-based drug crimes may face both state and federal charges for their alleged actions.
The possession, distribution and trafficking of illegal drugs in Arkansas are serious crimes and can subject individuals to significant periods of incarceration if they are convicted of their charges. The James Law Firm understands that a single drug charge conviction can change the course of a person's life. Through careful trial preparation and zealous advocacy, the firm works to provide its clients with strong defense strategies to help them overcome their charges.