As it is in most other states, certain factors determine the severity of drug possession charges in Connecticut. Generally, those factors include:

  • How much of the drug was in your possession?
  • What kind of drug was it?
  • Was the drug found with a large sum of money?
  • Was the drug found with other drug paraphernalia, such as a scale or other measuring device?
  • Does the defendant have past convictions or offenses related to drug possession or other types of drug crimes?

Of these, the biggest factor is which kind of drug you were found in possession of, because that will determine the type of charge you could be facing. It can range from a misdemeanor to a very serious felony.

Defending Against a Drug Possession Charge

Depending on your circumstances, your attorney may be able to work with the courts to either get you into a drug diversion program or plea bargain down to a lesser offense, perhaps even from a felony down to a misdemeanor. This is often a tactic used when the prosecution has a solid case against you, and the resulting difference in a penalty can be significant. Many times, courts are open to plea bargains, especially for lesser offenses, because it frees up limited resources which can then be used to focus on larger crimes.

If you do not go the plea bargain route, then a couple of other defenses may be employed.

Unlawful search and seizure may be claimed as a defense when it can be proven that law enforcement did not follow correct procedures, violating a defendant’s rights to due process.

Another defense is entrapment and is used when law enforcement sets up over zealous sting operations, possibly inducing a person to commit a crime they would have not done so otherwise.

Shalvoy Law serves clients in Newton and other nearby Connecticut communities.

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DUI

I had been arrested for driving while under suspension for DUI, which carries a mandatory minimum 30 days in jail. In spite of the objections from the prosecutor, Attorney Shalvoy was able to convince the Judge to waive the jail term and only imposed a fine.

– A client