If you are facing drug charges in Providence, RI, your future hangs in the balance. A solid dеfеnsе is critical, and that’s where our Providence drug crimes attorneys come in. Contact Manosh Payette Criminal Defense Attorneys to schedule a free consultation today at (401) 854-7794.
Our experienced lеgal tеam, with more than three decades of combined legal еxpеriеncе, is hеrе to protect your rights and fight for the best outcome possible. Specializing in Rhode Island criminal defense, we have successfully represented clients facing drug crimes, Providence domestic violence allegations, Providence sex crimes, homicide charges, and various other criminal accusations.
How Manosh Payette Criminal Defense Attorneys Can Help if You’re Arrested
Facing an arrest in Providence, RI, can be a frightening situation, but you do not have to walk this path alone. At Manosh Payette Criminal Defense Attorneys, we specialize in providing solid legal representation and support for those facing drug charges.
Here’s how our Providence criminal defense lawyers can help:
- Explain your legal options and the potential outcomes of your case
- Investigate your charges and gather evidence for your defense
- Scrutinize and dispute the state’s evidence against you
- Handle all communications with prosecutors
- Aggressively put forth all defenses to get your charges dismissed
- Negotiate a fair plea agreement if that is the only option for your case
- Zealously defend you at trial using decades of criminal law experience
If you’rе facing drug charges in Providence, Rhode Island, our primary goal at Manosh Payette Criminal Defense Attorneys is to ensure that your rights arе protеctеd. We work to ensure that you rеcеivе thе highest quality dеfеnsе. Don’t face thеsе chargеs alone. Contact us today to schеdulе a frее consultation with a Providence drug crimes lawyеr.
Overview of Drug Charges in Rhode Island
Understanding drug charges under Rhode Island law is crucial if you find yourself facing allegations. The following are some of the most common types of drug charges:
Possession with Intent to Deliver
The charge of possession with intent to deliver is a serious offense in Rhode Island.
To secure a conviction, the prosecution must provide evidence proving the following elements beyond a reasonable doubt:
- You had in your possession, either actual or constructive, the specific drug mentioned;
- Your possession was knowing and intentional – you were aware that you controlled this substance;
- Your intention was not just control but delivery and
- The substance qualifies as a controlled substance according to Rhode Island law.
The State may argue behavior suggestive of distribution intent as opposed to personal use, such as large amounts or quantities broken down into smaller packages, the presence of other paraphernalia like digital scales, and large amounts of cash.
Possession of a Controlled Substance
Facing an accusation of possession of a controlled substance in Rhode Island requires the prosecution to provide strong evidence proving three key elements:
- You possessed the specific substance in question;
- The possession was done knowingly and intentionally, meaning that you were aware of your actions or control over these substances; and
- The drug is classified as a controlled substance under Rhode Island law. Common examples include fentanyl, heroin, cocaine, marijuana, and unauthorized prescription medications.
It’s important to know that possession can take the following two forms:
- Actual Possession: You physically had the drugs on your person, such as inside your pockets or in bags directly carried by you.
- Constructive Possession: Circumstances where you have knowledge about and access to substances but don’t physically have it on you. For example, drugs that are in a backpack inside a house, or an illegal substance that is in the glove compartment of a vehicle you are inside of.
What Are the Penalties for Drug Charges in Providence, Rhode Island?
Drug charges in Providence, Rhode Island are taken seriously and can attract stringent penalties.
Possession of a Controlled Substance is Now a Misdemeanor
Prior to September 28th, 2021, possession of any controlled substance was categorized as a felony. This came with hefty fines and thе possibility of significant jail timе upon conviction.
Howеvеr, legislative amendments havе modified thе classification of such felonies to misdemeanors instead. Simplе possession of a controlled substance (excluding marijuana, which has been decriminalized and can be used for medicinal purposes) is now treated lеss sеvеrеly under the law than it used to bе.
If you’re caught possessing 10 grams or lеss of certain controlled substances – cocaine or heroin as an еxamplе – you would be charged with a misdemeanor and face 2 yеars in prison and a fine of up to $5,000.
Possession With Intent to Deliver
Possession with intent to deliver is a felony under Rhode Island law, attracting harsh punishments. The exact sentence you will receive for this crime depends on the type and amount of the substance.
In some cases, you can even face up to life imprisonment and significant fines for this crime. To determine the exact penalties you’re facing, it’s always a good idea to speak with a criminal defense lawyer.
Collateral Consequences of Drug Convictions
A drug conviction in Rhode Island has more than just legal implications; it also carries with it collateral consequences that go beyond the courtroom and can impact many aspects of your life, including:
Denial of Public Housing
Housing is often impacted, as certain drug convictions may disqualify you from public housing benefits or any housing assistance programs.
Difficulty Finding Employment
Most employers conduct background checks, and a drug-related offense on your record could result in denied opportunities or even dismissal from your job.
Restrictions on Parental Rights
If you are a parent, especially if there’s an ongoing custody issue, having a conviction for a drug offense might influence family court decisions relating to your parental rights due to concerns about your children’s safety.
If you’re faced with any type of drug charge, it’s essential to reach out to a criminal defense lawyer as soon as possible.
What Defenses Can Be Raised if I’m Arrested for Drug Crimes in Rhode Island?
Being charged with a drug-related crime in Rhode Island is a serious matter, but not all charges lead to convictions. Strong defenses for these types of crimes can be raised, and often include:
Illegal Search and Seizure
Challenging the legality of police actions that led to the discovery of drugs might reveal violations of your Fourth Amendment rights. If this is the case, such evidence obtained from an improper search or seizure could potentially be suppressed, meaning it can’t be used against you at trial.
Entrapment
An entrapment defense argues that law enforcement induced you to commit a drug crime that you otherwise would not have committed had they not pressured you to do so. The crux of this defense is proving that you were not predisposed to commit this crime.
Lack of Possession
This defense argues that you did not have any actual or constructive possession of the drugs. If you can prove that you were unaware of their presence, it casts doubt on your knowledge and intent to control the substances.
No Intent to Distribute
This defense helps to reduce felony charges of intent to distribute down to misdemeanor possession. By asserting that the drugs found were for personal use only, you can avoid significant penalties related to distribution.
Prescription Medication
If accused of illegal possession when you were actually in possession of a legally prescribed medication, a valid prescription from an authorized healthcare provider can defend against certain drug possession charges.
Each case is unique, so it’s important to work with a drug crimes lawyer to determine your best defense strategy.
When facing drug charges in Providence, RI, your future and your freedom are at stake. Fortunately, you don’t have to handle this situation alone. At Manosh Payette Criminal Defense Attorneys, our legal team understands the gravity of these circumstances and is prepared to put in the work to defend you. Contact us today to schedule a free consultation with a Providence drug crimes lawyer.
Local Resources
- Dillard Recovery – Addiction Treatment Center
- Hallworth House – Rehabilitation Center
- Hallworth Outpatient Rehabilitation Center – Rehabilitation Center
- CODAC Behavioral Healthcare – Addiction Treatment Center
*Disclaimer – we do not endorse these companies or profit from having them listed on our website.
Visit Our Criminal Defense Law Office in Providence, RI
Manosh Payette Criminal Defense Attorneys
101 Dyer St Suite 2D, Providence, RI 02903, United States
(401) 854-7794
Providence Drug Crimes Lawyer Review
