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Rhode Island Drug Possession Defense Lawyer

 Fight Your Drug Possession Charge in Rhode Island!

Possession of drugs is a serious charge. Under Rhode Island drug laws, many offenses have mandatory minimum sentences if you are convicted.

Penalties for drug possession in Rhode Island vary according to the classification and quantity of the substance involved. Even simple possession of marijuana can have significant penalties. Call me for a free consultation on the charges against you, and I'll let you know exactly what your options are, and what opportunities we may have to beat the case.

Possession of Marijuana - RI Laws & Penalties

If you are convicted on Possession of Marijuana in RI under 1kg (aka simple possession) - 1st offense -  you are facing a misdemeanor charge with a penalty of:

  • Fine - $200-$500
  • Up to 1 year in jail

You will also likely be sentenced to drug education classes and up to 100 hours of community service.

For a second offense marijuana possession charge, the above penalties will be doubled, and you will also face:

  • 100 or more hours of community service
  • A drug counseling and education program, and possible drug treatment for abuse of drugs

If you are found guilty of marijuana possession while driving, you will also be faced with a suspended drivers license for 6 months (1 year for a 2nd offense).

Possession of over 1 kg (kilogram) has a mandatory minimum sentence of 10 years in jail, and fines of up to $500,000.

Other RI Drug Possession Charges -Penalties

If you are found guilty of any other drug possession charge, schedule I-V, the penalties are:

  • Fines: $500-$5000
  • Up to 3 years in jail
  • likely drug education classes and community service

The most likely Presumptive sentence on a Possession of a Controlled substance conviction is 0-18 months in jail.

A Second (2nd) Offense drug possession/simple possession charge in Rhode Island will face doubled penalties, over 100 hours of community service, a possible drug abuse program and drug counseling and education.

Other Drug Charges &  Penalties

On any Second (2nd) Offense Drug charge conviction relating to any narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic substances, the defendant is subject to doubling of the jail sentence, fine, or both.

On any Third (3rd) Offense Drug charge conviction as above, the defendant is subject to 3 times the jail sentence, fine, or both.

The penalties for drug/narcotics offenses in RI can be extreme if you are charged with possession or cocaine, heroin, meth, GHB, ecstasy, and may have mandatory jail times depending on the quantity of the drugs involved. Additional charges may include possession with intent to sell, transport, cultivate, trafficking, or manufacture.

There are also substantial increases in penalties if you are charged with distribution within a school zone (within 300 yards of a park, playground, or school), or selling to minor 3 years younger than yourself.  Call me for details on any of these complicated and serious charges.

How to Beat a Rhode Island Drug Charge

The prosecution must be able to prove that you were legally and knowingly in possession of a controlled substance or drug. We can challenge the facts of possession and the facts of identification of the substance. We can also challenge the legitimacy of the search and seizure under the Constitution. The police must have a legitimate reason to search your person, your car or your home, or any evidence they obtain against you must be thrown out.

The defense tactics I would use vary greatly with the facts of the case. Give me a call and I'll go over your case and walk through what I think are your best options to beat your drug charge and avoid the worst consequences.

Call me today for a free legal consultation on your drug possession or criminal case. (401) 992-4072

 

Sincerely,

James Powderly, Attorney at Law

Attorney James Powderly defends people accused of drug possession,  and other criminal charges such as assault, shoplifting, and criminal traffic offenses, in courts across Rhode Island everyday. Call today for a free, no-obligation, criminal defense consultation on any RI arrest or charge.

(401) 992-4072
James P. Powderly, Esq., A Rhode Island Criminal Defense Attorney
Powderly Defense Firm
37 Bellevue Avenue
Newport, RI 02840


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