Marijuana Arrest and Defense - Newport RI Attorney
MARIJUANA DEFENSE ATTORNEY MACKTAZ INTERVIEWED BY LAWYERS WEEKLY: Click here to Read the article
There are more arrests associated with
the possession of marijuana than with possession
of any other illicit drug in Rhode Island. According to the
Rhode Island UCR, in 2001 nearly 53 percent of adult
arrests for drug possession and
over 81 percent of all juvenile arrests for drug
possession were marijuana-related.
Rhode Island Marijuana Defense Lawyer Joshua
Macktaz provides aggressive and effective representation
to individuals facing Marijuana (also called pot or weed)
related Rhode Island drug offenses
such as misdemeanor possession, felony
possession, cultivation, sale, delivery,
and distribution. A former Rhode
Island Special Assistant Attorney General from 1993-1997
Attorney Macktaz has extensive experience with misdemeanor and felony Marijuana
possession, sale, and distribution cases as a prosecutor
and has used that knowledge to successfully defend his private
clients accused of marijuana and drug related offenses. Before
becoming a private Rhode Island Defense Lawyer,
Attorney Macktaz lectured in-coming police academy cadets
as an AG Prosecutor on proper prosecutions. This unique
experience has afforded Mr. Macktaz a wealth of knowledge
not readily available to the average criminal defense
attorney.
Criminal law embodies the statutes defining criminal
offenses, including how offenders are to be charged,
tried, and punished. If you are facing criminal
charges in Rhode Island such as narcotics
or Marijuana possession, intent, cultivation,
sale, distribution, or delivery CONTACT Joshua
Macktaz, a Rhode Island Defense Attorney today for a free,
initial consultation to discuss
your case.
MOST RECENT WINS:
Criminal Charges: Possession of Marijuana
Police Report: Client and 3 friends are sitting in Client’s motor vehicle in a CVS parking lot rolling and smoking marijuana “blunts”. Cumberland police observe this activity and upon approaching the driver’s side of the vehicle they see Client in possession of the marijuana. Client then admits the marijuana is his in order to keep his friends out of trouble.
Result: Count One: DISMISSED
Criminal Charges: Possession of Marijuana
Police Report: Client is a passenger in boyfriend’s vehicle which is stopped for speeding. Client puts marijuana and smoking device in her purse and behind driver’s seat as South Kingstown police officer approaches the vehicle. After smelling the scent of freshly burnt marijuana, officer searches Client’s purse and discovers the marijuana and arrests Client.
Result: DISMISSED
Criminal Charges: Possession of Marijuana
Police Report: Narragansett police detectives respond to Client’s home to further investigate an unrelated break-in at Client’s home earlier in the week. When Client opens the door the detectives see a baggie of marijuana and smoking device in plain view on Client’s coffee table. Client admits that the marijuana is his and he is arrested by the detectives.
Result: DISMISSED
Criminal Charges: Possession of Marijuana
Police Report: Rhode Island State Police stop Client’s vehicle on 95 South for speeding after a radar reading of 85MPH in a 65MPH. Trooper approach the vehicle and immediately detect the odor of freshly burnt marijuana. Client is taken from the car and searched, and Trooper finds marijuana in Client’s right front pants pocket.
Result: DISMISSED
Criminal Charges: Possession of Marijuana
Police Report: North Smithfield Police receive a report of passengers in a motor vehicle are shooting paint balls from the vehicle. Police stop Client’s vehicle because it matched the description of the car they were looking for. Police search Client’s vehicle and find 4 grams of marijuana in the center console. Client admits the marijuana is his.
Result: DISMISSED
Criminal Charges: Possession of Marijuana
Police Report: Charlestown Police stop Client’s vehicle for speeding (80 MPH in a 55 MPH) and immediately detect a strong odor of marijuana coming from the vehicle. Police search Client and find 10 grams in Client’s right front pocket.
Result: DISMISSED
Criminal Charges: Possession of Marijuana
Police Report: Roger Williams University Police Police smell a strong odor of marijuana coming from Client’s dorm room. RWU police search the room and discover a water pipe, grinder and 10 individually wrapped bags of marijuana in Client’s drawer. Client admits the marijuana and paraphernalia belong to him.
Result: DISMISSED
Click Here to view more recent Wins
by Attorney Macktaz
I have the extensive Criminal law experience
in the State of Rhode Island that will benefit you
and your loved ones.
Contact Rhode Island Marijuana Defense Lawyer Joshua
Macktaz by Email or
call today at (401) 861-1155 and we
will respond to you as soon as possible.
Even though Rhode Island has legalized the use and possession
of Medical Marijuana this does not immunize everyeone. The
penalties for possession of Marijuana in the state of Rhode
Island are still severe.
Possession of Marijuana in Rhode Island Penalties:
- Possession of Less than 1 kilogram of Marijuana in RI
Considered Misdemeanor Possession of Marijuana and is punishable
by up to one year in jail and a fine of $200 - $500. If you
receive a sentence of probation with no imprisonment, the
offender is required to undergo a drug abuse evaluation,
attend a drug education course and perform up to 100 hours
of community service.
- Possession 1 kilogram to 5 kilograms of Marijuana in RI
Considered felony marijuana possession and comes with the
penalty is a mandatory
minimum sentence of ten years (10) in prison with
a maximum of 50 years and a fine of $10,000 - $500,000.
- Possession
of More than 5 kilograms of Marijuana in RI
Considered felony marijuana possession and the penalty is a mandatory
minimum sentence of twenty years (25) in prison with a
maximum of life in prison and a fine of $25,000 - $100,000
Sale or possession within 300 yards of a school, public park
or playground doubles the possible penalties.
In addition to these penalties if caught driving while in possession
of marijuana this is penalized by automatic suspension of the
offender's driver's license for six months for the first offense and
for one year for subsequent offenses.
For sentences of probation with no imprisonment,
the offender is required to undergo a drug abuse evaluation,
attend a drug education course and perform 100 hours of
community service.
Sale or Cultivation of Marijuana in Rhode Island Penalties:
ALL ARE FELONY CRIMES
- Manufacture or delivery of less than 1 kilogram of Marijuana in RI
Manufacture or delivery of less than one kilogram of marijuana
is punishable by up to 30 years in prison and a fine of
$3,000 - $100,000.
- Manufacture or delivery of 1 kilogram to 5 kilograms
of Marijuana in RI
For five kilograms or less, the penalty is a mandatory
minimum sentence of ten years in prison with a maximum
of 50 years and a fine of $10,000 - $500,000.
- Manufacture or delivery of 5 kilograms of Marijuana
in RI
For more than five kilograms, the penalty
is a mandatory minimum sentence of twenty years in prison
with a maximum of life in prison and a fine of $25,000
- $100,000.
Delivery to a minor at least three years younger
than the offender adds an additional 2 - 5 years in prison
and a fine up to $10,000.
Sale or possession within 300 yards of a school,
public park or playground doubles the possible penalties.
These are serious penalties. If you or a loved one has been arrested for a marijuana
related crime Contact Rhode Island Marijuana Defense Lawyer Joshua
Macktaz by Email or
call today at (401) 861-1155 and we will respond to
you as soon as possible.
Rhode Island General Law Penalties for Drug Crimes
Other Drug and Narcotic Offenses
Each state and the federal government have laws against
the unlawful use, manufacture, and distribution of drugs.
The purpose of these laws is to reduce the unlawful consumption
of drugs, reduce drug-related crimes, and severely punish
repeat offenders and major drug dealers.
Drug Schedules
Federal drug statutes classify controlled substances according
to "schedules." The Attorney General has the authority
to delete, add or reschedule substances. State schedules
refer to or are based on federal schedules. Drugs included
on these schedules are referred to as "Controlled Dangerous
Substances" ("CDSs").
Punishment
Ultimate punishment for drug crimes generally depends on:
The quantity of the drug.
Its classification under the schedules.
The purpose of its possession.
The most serious drug crimes are:
Producing illegal drugs
Manufacturing drugs
Selling drugs
For example, a person "dealing" (selling) five
or more ounces of heroin or cocaine can be jailed for more
than 10 years.
Possession of drugs with the intent to distribute them is
also a serious crime.
Prosecutors can prove your intent to distribute drugs just
by showing the quantity of the drug, without any evidence
that you actually distributed the drug.
In most states, possession of drugs for personal use is
a serious crime. But in some states, possession of drugs
for personal use is punished less severely than distribution
crimes. For example, in some states, possession of a small
amount of marijuana (less than 50 grams) is decriminalized
or treated as a disorderly person's offense. A person convicted
of a disorderly person's offense is generally not imprisoned,
but may be placed on probation or ordered to pay a fine.
However, possession of a larger quantity of marijuana or
other drug, even if for personal use, is treated as a serious
crime.
Enhanced Punishment
Some states have enhanced penalties for drug crimes. These
penalties go into effect if:
Minors are used to distribute the drugs
The drugs are delivered or sold to minors; or
The drugs are sold or distributed on school property.
Enhanced punishments vary from state to state. You may also
be in danger of "forfeiting" your property if you're
convicted of a drug crime. For example, if your house is
used to make and distribute drugs, the government may be
able to seize your house.
Professional Drug Dealers
Special laws cover professional drug dealers. A "drug
kingpin," or a person organizing, financing, or managing
a business to manufacture, transport or sell drugs, commits
a serious crime. Special sentences are reserved for professional
drug dealers. The federal government has the death penalty
for drug kingpins. Some states impose 25 years imprisonment
without parole for professional drug dealers.
Contact Rhode Island Drug and Narcotic Offenses
Lawyer Joshua Macktaz by Email or
call today at (401) 861-1155 and
we will respond to you as soon as possible.
Juvenile Offenses
If your child is in criminal trouble, you'll want to learn
as much as you can about the juvenile justice process.
It's best to hire a lawyer to represent your child as soon
as possible after you learn of the problem.
Remember, however, that the attorney represents the child
and not the parent.
Arrest and Booking
If your child is taken into custody, he or she will likely
be booked at the police station. Booking involves logging
in his or her name and the reason for the arrest in police
records. Your child's photo will be taken and he or she will
be fingerprinted.
Police Questioning
Statements made to law enforcement personnel during questioning
can be held against your child.
Your child has the right to tell police he or she doesn't
wish to speak with them. As a parent, you may also tell the
police your child doesn't want to talk with them until you
can find a juvenile attorney to represent your child during
questioning.
Police Custody and Detention
Your child may be released into your custody pending a hearing,
or detained in a juvenile facility for a short period of
time.
Federal regulations prohibit holding juveniles in adult
jail settings. Under federal standards, a child cannot be
detained for longer than six hours in an adult jail setting,
and must be kept in an area that is out of sight and sound
of adult inmates.
Your child cannot be held very long in a juvenile detention
facility without a detention hearing. The judge will review
your child's case and decide whether your child should continue
in juvenile detention.
Diversion
Your child may be "diverted" into community rehabilitation
programs or sent to counseling or social services organizations,
without having to enter the juvenile justice system.
In some communities, juvenile offenders are sent to a "youth
accountability board," sometimes called a "community
accountability board," where community residents decide
how the child can best be rehabilitated.
The Juvenile Justice Process
Each state's juvenile case processing is different, but
generally you can expect the following:
Intake. The prosecutor's office or juvenile
probation department will decide whether to dismiss or divert
the case or request formal intervention by the juvenile court.
Consent Decree. If the case is to be dismissed,
your child may have to agree to conditions such as curfews,
victim restitution and counseling, written into a formal
court agreement called a "consent decree." Usually,
your child will have to admit to doing the offending act
in order to be eligible for a consent decree disposition.
Your child will then likely be monitored for a period of
time by a probation officer.
Fitness Hearing. The juvenile court judge
will decide whether your child is fit to be tried, and
whether the case should be held in juvenile court or adult
criminal court. In many states, prosecutors are required
to file serious juvenile cases such as murder and other
felonies in criminal court. Prosecutors may also request
a transfer to adult criminal court where your child has
been in juvenile court previously and intervention or diversion
efforts haven't worked.
Adjudicatory Hearing. This is a trial
at which witnesses are called and lawyers argue both sides
of the case. In most states, the hearing is in front of
a judge rather than a jury.
Disposition Plan. If your child is found
delinquent (guilty) at the end of the adjudicatory hearing,
probation officers will investigate your child, often ordering
psychological exams and diagnostic testing. Probation officers
will present detailed recommendations to the judge.
Disposition Hearing. The judge decides
whether your child should be required to undergo drug counseling,
confinement in juvenile detention, reimburse the victim
(called restitution) or be on probation for a length of
time.
Probation Review Hearings. Probation officers
will monitor your child's progress and report any probation
violations to the judge.
Case Termination. After your child has
successfully completed all the requirements of probation,
the judge will dismiss the case.
Contact Rhode Island Juvenile Offenses Lawyer Joshua
Macktaz by Email or
call today at (401) 861-1155 and we
will respond to you as soon as possible.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. Also, the Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.
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