Twenty or more user units of a mixture or substance containing a detectable amount of LSD;. Ten grams or more of a mixture or substance containing a detectable amount of psilocybin or psilocin; or. Drug convictions typically come with a six month driver license suspension.
See ORS Your attorney may be able to convince the court to not impose the suspension. Drug convictions also require a drug evaluation and usually treatment of some length.
Many law enforcement agencies now aggressively investigate overdose deaths in order to build a case against the person s that provided the drug s to the deceased. Often times, the prosecutor will be seeking a substantial prison sentence with a threat of referring the case to federal court for prosecution where the penalties are much more severe under the so-called "Len Bias Law. This program is essentially a deferred sentencing agreement where your charge will be dismissed if you successfully complete the intensive treatment program.
The program lasts at least one year and often longer. You must pay for treatment and attend numerous classes and court appearances. If you flunk out of the program, you will be convicted of the charge.
Possession of Small Amount of Drugs No Longer a Felony Offense in Oregon
Other counties have some type of drug courts as well. Each has their own rules for eligibility. Most drug charges result after law enforcement officers find drugs following a search of your person, vehicle or residence. In a motion to suppress, your lawyers asks the court to suppress or throw out evidence seized from the search, because the search was conducted unlawfully in violation of your constitutional or other rights.
Drug Enforcement Schedules
If the motion to suppress is successful, the charges often will be dismissed. If the motion is unsuccessful, the prosecutor can use the evidence against you. Motions to suppress are used in non-drug cases as well. Some drug convictions are also eligible to be expunged or sealed if the applicant meets the eligibility requirements.
Felony Drug Charges
As a general rule, many possession convictions can be expunged, and most delivery manufacturing convictions cannot be expunged. Delivery of marijuana for consideration is an exception; this charge may be sealed if you otherwise meet eligibility requirements. In the table above, the drug charges in bold may be expunged.
Lesh does not charge for an initial consultation. Call his office at Oregon defense lawyers are governed by the Oregon Code of Professional Responsibility. This website may be considered an advertisement for services under the Code of Professional Responsibility.
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Information contained in this website is believed to be accurate but is not guaranteed. By David N Lesh, info davidlesh. To anyone reading this take the time and make the call. It will change your life. I was scared and trembling. I didn't even know the difference between and misdemeanor and a felony, but I knew our family needed immediate legal help. I was greeted by the calm, kind and friendly voice of John Gilroy. Call Now: Prison Term Max.
Jail Term Max. Oregon Defense Attorney with Trial Experience Whatever your situation may be, hiring an experienced criminal defense attorney is paramount. It may also depend on whether the person is a first-time offender or a repeat offender. Repeat offenders may face years in prison and much higher criminal fines. Again, this depends on each individual case. Besides prison sentences and fines, felony drug convictions can lead to other consequences.
For instance, a person's immigration status can be severely affected by a felony drug charge. In such cases, the defendant may face deportation or removal, and may have their green card revoked.
Penalties for Drug Abuse, Selling, and Smuggling in the USA
In the case of a habitual offender, they may be prohibited from re-entering the U. These types of cases may require the assistance of an attorney who is well-versed in both criminal and immigration laws, and knows how the two areas of law interact. Felony drug charges can result in some very serious consequences. Your attorney can provide you with legal advice, and can help build a case for your trial. Jose Rivera. Law Library Disclaimer. Can't find your category? Click here.
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