DEFENDING AGAINST SERIOUS DRUG-RELATED CHARGES THROUGHOUT CONNECTICUT

Not every drug-related charge is for simple possession. Many Connecticut criminal cases involve escalated drug charges based on allegations that you sold, distributed, or manufactured the controlled substance—or were attempting to do so. Often, if Connecticut police suspect drug activity, they won’t automatically arrest a person buying drugs for personal use. Instead, they’ll investigate and wait to see if they can catch the person who is selling or distributing the drugs, since these cases are more serious.

Drug cases should always be taken seriously—and this includes finding the right law firm to represent you. The criminal defense attorneys at Koffsky & Felsen, LLC have extensive experience fighting drug-related charges on both the state and federal levels. We understand Connecticut drug laws and your options for an aggressive defense. Call today if you’ve been arrested or charged with a drug crime.

Sale and Distribution Charges

To sell drugs is to deliver drugs to another party for money, for a barter, as a gift, on “credit,” and more. Distributing simply means delivering drugs by any method other than administering the drug directly or dispensing it, such as at a pharmacy. Both sale and distribution are charged under the same law in Connecticut; however, there are additional laws setting out related charges. Some sale and distribution charges you may face include the following:

• Sale of marijuana
• Sale of narcotics or hallucinogens other than marijuana
• Sale of any other controlled substance
• Sale by a nonaddict of at least one kilogram of marijuana or any amount of narcotics, hallucinogens, or amphetamines
• Sale by a nonaddict of at least one ounce of cocaine, heroin, or methadone
• Sale by a nonaddict of at least five milligrams of LSD
• Sale by a nonaddict of at least five grams of crack
• Causing a death due to selling cocaine, heroin, or methadone
• Sale of illegal drugs within 1500 feet of a school, daycare, or public housing development
• Sale by an adult to a minor who is at least two years younger
• Hiring a minor to sell illegal drugs (in violation of Connecticut drug laws)

The penalties you face for a drug sale or distribution charge depend on the circumstances alleged by the prosecutor and the specific details of your charges. However, the law allows a prosecutor to seek fines up to $25,000 and up to seven years in prison for even a first offense—and this only gets worse if aggravating circumstances or additional charges exist.

You might also be surprised to know that you don’t actually have to transfer drugs to another person to be charged, as you can be accused of possessing drugs with the intent to sell. Even if you had the drugs only in your own possession, a prosecutor may try to argue from certain circumstances that you intended to sell or distribute the substance. Some circumstances include:

• Possessing large amounts of drugs—more than normal for personal use
• Having drugs already measured and separated into individual packages
• Having scales, baggies, and other items that indicate you were weighing and packaging drugs
• Possessing large amounts of cash with the drugs, indicating prior sales
• Possession of one or more cellular telephones
• Frequenting a location where drug sales are known to take place

Often, prosecutors will rely on circumstantial evidence to prove your intent to sell the drugs. You need a skilled lawyer who knows how to challenge such evidence to have your charges reduced to simple possession or dropped altogether.

Manufacture of a Controlled Substance

Manufacturing allegations can include producing, cultivating, growing, preparing, compounding, converting, or otherwise processing a controlled substance. Manufacture can involve extraction from natural substances such as marijuana, or chemical synthesis such as methamphetamine. In addition, you can be charged with manufacturing if you were involved in the packaging of the drugs, including measuring, dividing into containers, labeling, and more. This means that you can be charged with drug manufacturing even if someone else created the substance and you only labeled it!

The manufacturing law does not apply to people who are preparing drugs for their own personal use or to practitioners who produce or compound as part of their jobs or for research or teaching. However, anyone else is vulnerable to criminal charges and penalties if they are suspected of manufacturing any type of controlled substance. These charges can also lead to extended prison time and costly fines if you’re convicted.

Defending against Drug Distribution, Sale, and Manufacture Charges

The good news is that there are many ways to defend against these drug-related charges. First, the prosecutor must prove that the substance in question was, in fact, illegal drugs. A prosecutor cannot simply have white powder as evidence and claim it’s cocaine without any further proof. Instead, the evidence must be tested by a forensic lab, and such labs can make many errors. By discovering and pointing out any errors, your defense attorney can call the entire case into question.

Challenging possession of drugs is also common. If you did not have possession or control over the drugs, how could you transfer them to another person? Prosecutors often allege that you had constructive possession—which means you had the power to possess drugs even if they were not actually on your person. Our attorneys know how to challenge allegations of constructive possession as part of your defense when necessary.

Additionally, many drug-related cases involve 4th Amendment violations. These occur when a police officer gathers evidence of drug activity without the required warrant or exception to the requirement for a warrant. Proving a 4th Amendment violation can often result in the court keeping the drug evidence out of your case, which often means a case will be dropped.

There are many other ways an experienced drug sale, distribution, and manufacture attorney can help you. We can see if you’re eligible for diversion programs, seek a favorable plea agreement, defend you at trial, and much more.

Contact Our Connecticut Drug Crime Defense Lawyers as Soon as Possible

If you’ve been accused of any type of drug-related offense, you need the right law firm on your side. The team at Koffsky & Felsen, LLC has unique insight into the criminal process and we’re here to help you. Call 203-327-1500 or contact us online to discuss your case today.