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Drug Crime Questions

What is a drug crime?

In the United States any illegal drugs can be considered a drug crime in many different ways. In most cases it is a crime to use, have possession of, make, or sell drugs that is possible for abuse; these types of drugs can include cocaine, heroin, morphine or amphetamines. Drug crimes are also associated with drug trafficking and drug making, these drugs are normally controlled by gangs, any organized crimes or drug unions. For more information pertaining to drug crimes and the sentencing for drug crimes, read below to find Expert answers.

If someone was arrested for a drug crime and had entered into a drug program since they went through this program is this person considered convicted of this charge?

In many cases if a person has entered and has completed a drug program that is set by the court, then this person would have not been convicted. Although, many times the case is discharged since adjudication is forced by the defendant.

In the state of Nebraska if someone was charged with a drug crime and didn’t have a drug tax stamp where the state had put a lien on them what is the statute of limitations for this so they don’t have to pay anything back?

Since the state has a lien against this person, then this fine will not expire. The state can send it to a state collection agency and the state will find a way to receive their money from either a wage garnishment or setting up pay arrangements. Since there is a lien against this person and it is from the state there is no set statute of limitations.

If someone was convicted for a drug crime and has a previous charge from over 13 years ago can the court use the previous charge in order to sentence them to a longer jail time?

The court does have to right to use any previous convictions, but anything that was convicted from over ten years ago, and then it cannot be used against that person. Since the fact is that they have a criminal conviction if the judge agrees with it, the conviction can be taken into consideration by the jury or even the judge as to whether the prior conviction can be used in order to give this person a more severe sentence.

If someone had purchased drugs from online ten years ago, can this person be arrested for this and would the Drug Enforcement Administration (DEA) office contact his person personally?

The statute of limitations for this case would normally be about five years regarding to 18 USC 3282 which specifically states “Except as otherwise expressly provided by law, no person shall be prosecuted, tried, or punished for any offense, not capital, unless the indictment is found or the information is instituted within five years next after such offense shall have been committed.” The five year statute of limitation would begin after the last offense was committed. The exact statute of limitation will all depend on what the crime was and how it was charged. Now since this conviction was ten years old a minor drug crime wouldn’t normally be chased and normally the statute of limitations would have already passed. With that being said the DEA would and contact this person personally if it was an investigation, even though it would be required to do this. If the person is in fact contacted about this drug crime, they should hire an attorney before talking to the DEA, because anything this person does say to the DEA can be used against them.

When dealing with drug crimes outcomes can often lead a person in jail, probation and paying a costly fine. The sentencing for drug crimes can vary from state to state and if the person is being prosecuted by the state laws of federal laws. For more information relating to drug crimes contact the Experts.

Ask a Criminal Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 2486
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Criminal Law Question Here...
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Criminal Lawyers are online & ready to help you now

Ely
Counselor at Law
Satisfied Customers: 2479
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Nate
Lawyer
Satisfied Customers: 1716
Over 10 years of criminal defense practice.
P. Simmons
Lawyer
Satisfied Customers: 1588
16 yrs. of experience including criminal law.

Recent Drug Questions

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    My question is....my daughter is 18, she got a mic in York counties he tested 0.015. I was just wondering should we go to court with out an attorney and just pay what ever she gets and wondering what is she looking at as in fine, probation.
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    ,
    When I was 19-20 I was given a citation drinking and public intoxication in TN.
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