Rhode Island Drug Penalties are Severe! You need an Attorney who will fight!

The Law Offices of Michael J. Zarrella has vast experience in defending individuals who have been charged with a simple possession all the way to those charged with delivery.  Attoney Zarrella has successfully  represented numerous clients in a litany of criminal drug charges (narcotics, cocaine, prescription drugs, heroin and marijuana to name a few). Attorney Zarrella has represented individuals whose charges range from distribution, manufacturing, possession to drug trafficking. Attoney Zarrella has built his reputation and earned the recognition of being among the best criminal defense lawyers in Rhode Island by fighting for his clients with vigor and passion. Whether it is a possesion charge or a delivery charge Attoney Zarrella will fight for you to get the best possible outcome in your case.

Potential Defenses to Your Rhode Island Drug Charge

The best defense to a drug case, whether it is simple possession, delivering or manufacturing is to confront how the evidence was obtained by law enforcement. The state often builds their possession, delivering and manufacturing cases by relying on evidence obtained through what is known as search and seizures. The authorities must comply with the United States Constitution, the Rhode Island Constitution and state and federal case law in order for them to use the evidence that they have obtained against a defendant.

Evidence that was impropely searched and seized by the government should and will be suppressed in court. Therefore, if you were arrested based on illegally obtained evidence, that evidence may not be used against you. Suppression of the evidence in a drug case will almost always lead to a dismissal of the case. The Law Offices of Michael J. Zarrella is knowledgeable in trying illegal searches and seizure cases. Attorney Zarrella has an extensive understanding of representing clients in possession, delivering and manufacturing cases. Attorney Zarrella will work tirelessly to find a way to have your motion to suppress the evidence granted and win your case.

Types of Drug Crimes and Penalties

There are numerous types of drug charges under Rhode Island law, and there are numerous penalties depending on the type of charge, the type of drug, and the number of previous drug convictions.

The are four common types of drug charges:

Drug Manufacturing
A charge of drug manufacturing is exacly what it sounds like, it is the making or growing of an illegal drug. It may be the growth and harvesting of marijuana or the making of methamphetamines and other types of drugs in a drug lab.

Drug Possession
Possession of drugs is a much less serious offense than the offense of manufacturing or of delivery. The act of possession is the person knowingly having dominion and control of a controlled substance. Possession does not necessarily have to mean you have the drug on you, but it does make the case more difficult for the state to prove if you do not have the drug on your person.

Drug Delivery
Drug Delivery is when a person has a controlled drug and gives it to another person. It does not have to be for money and the person that delivers the drug may have a legal prescription. It is still considered a drug delivery. The act of a person giving a friend or family member an OxyContin, Vicodin or Percocet for a bad back is considered a delivery.

Possession with intent to Deliver

One other common drug crime is possession with intent to deliver. The state charges possession with intent to deliver when they believe that a person has possession of a drug but it is not intended for their pesonal use but instead is intended to be sold or given to another person. The state will need more than just possession to prove this type of case. The state will need some evidence to connect the drugs to the selling of drugs. This is not always easy to prove, since a defendant with a drug problem can easly be confused with a dealer.

RHODE ISLAND CONTROLLED SUBSTANCE POSSESSION PENALTIES

Simple Possession of Marijuana over 1oz- First Offense

• Up to One Year in Jail (misdemeanor)
• Fine of $200 to $500

Simple Possession of Marijuana over 1oz- Second Offense

• Up to two years in jail (felony)
• Fine of $400 to $1,000
• One Hundred Hours of Community Service

Simple Possession of Schedule I, II, III, IV and V Drugs - First Offense

• Up to Three Years in Jail
• Fine of $500 to $5,000
• One Hundred Hours of Community Service
• Completion of a Drug Treatment and Education Program

Simple Possession of Schedule I, II, III, IV and V Drugs - Second Offense

• Up to Six Years in Jail
• Fine of $1,000 to $10,000
• One Hundred Hours of Community Service
• Completion of a Drug Treatment and Education Program

Simple Possession of Schedule I, II, III, IV and V Drugs - Third Offense

• Up to Nine Years in Jail
• Fine of $1,500 to $15,000
• One Hundred Hours of Community Service
• Completion of a Drug Treatment and Education Program

RHODE ISLAND PENALTIES FOR DELIVERY, MANUFACTURING, AND POSSESSION WITH INTENT TO DELIVER.

Manufacturing, Delivery or Possesion With Intent to Deliver- Controlled Substance Class I or II

• Up to 30 years in jail
• A fine not more than $100,000 not less than three thousand dollars $3,000

Manufacturing, Delivery or Possession With Intent to Deliver- Controlled Substance Class I or II within a school zone

• Up to 60 years in jail
• A fine not more than $200,000 not less than $ 6,000

Manufacturing, Delivery or Possession With Intent to Deliver- Controlled Substance Class III or IV not Including Steroids and Hormones

• Up to 20 years in jail
• A fine not more than $40,000

Manufacturing, Delivery or Possession With Intent to Deliver-Steroids and Hormones

• Up to 5 years in jail
• A fine not more than $20,000

Manufacturing, Delivery or Possession With Intent to Deliver- Controlled Substance Class V

• Up to 1 year in jail
• A fine not more than $10,000

Under Rhode Island law, there are increased penalties for cases that include high amounts of drugs. Often if the weight of the drugs is over an ounce or a kilo, then the penalties are even more severe.

Common Schedules of controlled substances (Schedule I and II)

Common Schedule I drugs

• Herion
• LSD
• Methaqualone (Quaalude)
• Fenethylline
• Peyote
• Mescalin
• Ecstasy

Common Schedule II drugs

• Morphine
• Cocaine
• Codeine
• Methadone
• Oxycodone
• Opium
• Methylphenidate (Ritalin)
• Barbiturates
• Vicodin
• Percocet
• Amphetaimine
• Adderall

The right criminal defense lawyer can help you win your drug case.

Although results obtained depend on the facts of each individual drug case, and each case is different, in certain cases a good attorney will be consistently able to help you get the best possible results in your drug case. Whether it is marijuanna or cocaine, or whether it is possession or delivery the absolute worst thing that you can do when accused of any drug charge is to do nothing. Allowing the criminal legal process to continue without an attorney or with an attorney that does not have criminal defense experence will likely set the accused offender up for failure.

Don't plead guilty to drug crimes without first considering all of your defenses. Sometimes a case that appears to be a very strong case will have weaknesses. Whether it is suppression issues, Miranda issues or a case that is factually insufficient to prove the Law Offices of Michael J. Zarrella will take the steps toward protecting your rights, your freedom and your future. Attorney Zarrella has defended clients thoughout the State of Rhode island against all types of drug charges. A first-rate lawyer such as Attorney Zarrella can make all the difference in a drug case. Often a good lawyer will get you no jail on cases that the state was requesting jail. Othertimes, a good lawyer can get your delivery charge reduced to a possession charge or have your possession charge reduced to a misdemeanor. No matter the situation, you want to get the most outstanding possible outcome in your drug case. Therefore, you need to get one of the most outstanding lawyers available. Call the Law Offices of Michael J. Zarrella today and let him start working on a brighter future for you.

Defend your drug case with intensity, vigor, and ferocity. Call the The Law Offices of Michael J. Zarrella, now.