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Drug crime charges are the most common offenses in the U.S.

Over forty-five percent of the nation’s prison population were put there because of them.

The “war on drugs” has put more people behind bars than any other criminal initiative in history, including those that deal with violent crimes. And unfortunately, these offenses are also the most heavily penalized. If you’re facing drug charges, you could end up spending the rest of your life in prison, lose custody of your children, and pay thousands of dollars in fines.

Speaking with a criminal defense lawyer with years of experience handling drug crimes is the best chance of getting your charges dismissed or reduced. The criminal defense attorneys at Kevin Lemley Law Partners are prepared to challenge the evidence against you and protect you against a drug crime conviction.

Arkansas Controlled Substance Schedules of Drug Crimes

Controlled substances are drugs with a high potential for abuse and addiction, including prescription drugs. The government heavily controls these substances, and having unlawful possession of a controlled substance can land you in jail.

There are five categories, or schedules, of controlled substances:

  • Schedule I—Schedule I drugs have no known medical use and have the highest potential for abuse. (ex. heroin, ecstasy, LSD)
  • Schedule II—Schedule II drugs have a high potential for abuse and create severe physical and psychological dependence. (ex. cocaine, fentanyl, Adderall)
  • Schedule III—Schedule III drugs have low to moderate physical and psychological dependence and moderate potential for abuse. (ex. anabolic steroids, ketamine, Tylenol & codeine)
  • Schedule IV—Schedule IV drugs have a low risk of abuse but can lead to physical and psychological dependency if abused. (ex. Xanax, Valium, Tramadol)
  • Schedule V—Schedule V drugs have a lower potential for abuse and have an accepted medical use. (ex. Lomotil, Lyrica, Motoren)
  • Schedule VI—Schedule VI drugs are those that have no acceptable medical use and have a high likelihood of abuse. (ex. marijuana, salvia divinorum)

These classifications matter because they can determine the severity of your charges. Naturally, the more dangerous the drug, the more severe the charges. Other things can also determine how severe your drug charge is, including whether you were in just possession or whether you were caught trafficking drugs.

Our law firm can handle all types of drug-related charges, including: 

  • Drug possession
  • Drug possession with intent to deliver
  • Drug paraphernalia
  • Drug trafficking

Penalties for Cabot, AR Drug Charges

The charges against you are classified as misdemeanors and felonies. While both types of offenses are penalized, felony charges are more severe. These charges are further broken down into classes (A, B, C, etc.).

Currently, Arkansas imposes the following penalties for misdemeanor and felony drug crimes in the state.

Misdemeanor Drug Charge Penalties

Misdemeanor drug charge penalties are made up of three classes (Class A, Class B, and Class C). A Class A misdemeanor charge carries a penalty of up to one year in jail and up to $2,500 in fines. A Class B misdemeanor carries up to 90 days in jail and up to $1,000 in fines, while a Class C carries up to 30 days in jail and up to $500 in fines.

Felony Drug Charge Penalties

Felony drug charge penalties are more severe than misdemeanors and are broken into five classes:

  • Class Y
    – 10 years to life in prison
  • Class A
    – 6-30 years in prison
    – Up to $15,000 in fines
  • Class B
    – 5-20 years in prison
    – Up to $15,000 in fines
  • Class C
    – 3-10 years in prison
    – Up to $10,000 fines
  • Class D
    – Up to 6 years in prison
    – Up to $10,000 in fines

The Collateral Consequences of a Drug Offense

When you are convicted of a drug charge, you pay the price well beyond the criminal penalties. A drug charge is an offense that sticks with you, affecting every aspect of your life.

You can lose personal privileges like: 

  • The right to vote in public elections
  • Child custody
  • Gun rights
  • Access to some public benefits (student loans, SNAP, etc.)
  • International travel to certain countries

A Cabot drug charges lawyer can help you protect your freedom and personal liberties by defending you in your case.

The criminal defense attorneys at Kevin Lemley law firm are prepared to help you fight. Whether you’re facing drug possession or drug trafficking charges, we’re here to help.

What Are Some Defenses an Arkansas Criminal Law Attorney Can Use in Drug Cases?

A drug arrest doesn’t make you automatically guilty. As in any other criminal proceeding, the prosecution must prove you are guilty without a shadow of a doubt. They’ll try to do so by using evidence, eyewitness testimony, and investigating.

Our attorneys can defend you against drug allegations by providing a strong legal defense to have your charges dropped or reduced. Here are a few defenses that may apply.

Unlawful Search and Seizure

You are protected by law against unreasonable searches and seizures under the Fourth Amendment of the U.S Constitution. Unless 1) there is probable cause, 2) you gave consent, or 3) the search is part of a lawful arrest, the search may be deemed unlawful and evidence, therefore, inadmissible in court.

Entrapment

An entrapment defense claims that you were coerced into the crime. Rather than dispute the charges, you are stating that you were baited into committing a crime you wouldn’t have otherwise. This defense may apply if your case involved an undercover cop or confidential informant.

Unwitting Possession

If you weren’t aware that the drugs were in your possession, you might be able to use an unwitting possession defense. For example, if you borrowed someone else’s car or coat, our attorneys can help you show evidence that you didn’t know about the drugs.

Arkansas Court Process in Drug Charge Cases

If this is your first arrest, you’re likely confused about what’s to come.

Here’s a general overview of what you can expect:

Investigation > Arrest > First Appearance > Pretrial Hearing > Trial or Plea Agreement > Appeal

Our attorneys can walk you through the process and prepare you for court appearances.

Cabot, Arkansas Drug Crime Resources

Lonoke County Prosecuting Attorney

301 North Center Street, Suite 301
Lonoke, AR 72086
Phone: (501) 676 2807

Cabot District Court Judge

101 North Second Street
Cabot, AR 72023
Phone: (501) 843-8908

Frequently Asked Questions About Drug Crimes

What makes a drug crime a federal crime?

A drug charge can be upped to a federal crime if the drug crime happened on federal property, crossed state lines, or involved a federal agency (like DEA). A federal crime conviction is much more serious than a state crime.

How do I know if I will be charged with a felony or misdemeanor?

Certain aggravating factors can increase the severity of charges for drug crimes from a misdemeanor to a felony.

These factors include:

  • The type of drug
  • The amount in your possession
  • If you were in a school zone
  • Intent to sell or distribute
  • Prior drug offenses or convictions

An Experienced Criminal Defense Attorney in Cabot, AR

Drug crime charges – of any kind – can make your life flash before your eyes. If you have charges looming over your head and are unsure how to move forward, it’s time to contact an experienced criminal defense lawyer.

Schedule a consultation today with one of the criminal defense attorneys at Kevin Lemley Law Partners.

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It is easy to get on the wrong path, it happens one small seemingly innocent decision at a time. Regardless of all of the circumstances, that one, small, decision can have painful and terrifying lifelong consequences and impacts. Getting back on the right track also happens one step at a time. Let Kevin Lemley Law Partners untangle the confusion and guide you toward peace of mind better outcomes one step at a time.

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