Boise Criminal Lawyer Talks About Drug Possession in the News

Today's headlines echo the calls I get concerning drug possession charges in Idaho. Three individuals were charged with possession of a controlled substance with the intent to deliver. Three young adults were pulled over in Boise after stopping their car abruptly in the intersection at Franklin and Curtis roads on Sunday morning. The Boise police officer smelled marijuana and called in a K9 unit. The dog sniff searched the car and found 143 Ecstasy pills under the gear shift lever.

As a Boise Criminal Lawyer I often get calls from people facing similar situations. Their first concern is getting out of jailed quickly followed by questions about the penalty for possession of a control substance with the intent to deliver.

Criminal lawyers can tell you that the penalty varies depending upon the prosecuting attorney, the state's lawyer, the circumstances (such as priors), character of the criminal defendant, the judge and ultimately what evidence the state's lawyers have. The penalty for this type of possession also depends upon what type of plea, if any the criminal defendant is willing to take.

Ecstasy is classified as a Schedule I controlled substance in Idaho. As a Boise Criminal Lawyer I can tell you the general penalty for this type of possession is outlined in Idaho Code 37-2732 (1). It is a felony and upon conviction you can be sentenced to prison, not to exceed life, up to a $25,000 fine or both. This is the gray area that I outlined above. What sentence you ultimately will have depends upon your criminal lawyer, the prosecuting attorney, the judge and you.

If you need to speak to a Boise Criminal Lawyer please call, (208) 472-2383.

Boise Criminal Lawyer Discusses Drug Court

As a Boise Criminal Lawyer I often hear from people wanting to know if they or their friends or family are eligible for drug court. Drug Court was established as an alternative sentencing for drug charges. You do not have a right to be admitted to drug court but you can be considered after you undergo a criminal assessment and a substance abuse assessment. You absolutely cannot be considered for Drug Court, however if you are charged, have been plead or have been found guilty of a violent crime or a felony crime where a deadly weapon or firearm was used. You also cannot be considered for Drug Court if you were charged, plead or found guilty of a felony attempt, intent to commit, or conspired to commit a sex crime.

Drug Court provides alternative sentencing in the fact that it provides for graduated sanctions and rewards, substance abuse treatment, court monitoring and supervision of progress, educational and/or vocational and any other requirement set forth by the Court.

Idaho Courts have acknowledged that the use of drugs in Idaho is a serious problem. Drug Court in Idaho was established to help reduce over crowding in jails and to help get treatment for those who use drugs. As a Boise Criminal Attorney I see it as a good opportunity for individuals to turn their lives around after they have been caught up using drugs and are convicted of drug charges.