Dover Drug Charge Lawyers

Charged With A Crime? Get An Experienced Defense Team

Drug charges in Delaware can have serious consequences, ranging from fines to lengthy prison sentences. As a result, if you are facing drug charges in Delaware, it is critical to seek a drug charge lawyer who can help you navigate the complex legal process and protect your rights. A knowledgeable criminal defense attorney in Delaware can provide guidance on the laws and regulations surrounding drug offenses in the state, as well as develop a defense strategy tailored to your unique circumstances.

At Schmittinger & Rodriguez, our criminal defense attorneys handle all types of drug offenses, ranging from the simple possession of controlled substances and paraphernalia to more serious criminal violations such as trafficking, distribution, cultivation, and manufacture. Depending on the charge, these criminal offenses can be classified as misdemeanors or felonies and can come with a range of penalties if convicted. In some cases, depending on a variety of factors such as the type and amount of drugs involved or previous convictions for similar offenses, you may even face federal charges which carry much harsher punishments.

Our team has extensive experience defending clients against state and federal drug crimes. With their knowledge of drug laws, drug crimes, and drug cases, they can evaluate your case to reach the best possible outcome.

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What Are The Types Of Drug Cases We Handle?

At Schmittinger & Rodriguez our Delaware defense attorneys handle a wide array of cases involving drug laws including:

    • Drug possession charges

    • Drug trafficking and distribution offenses

    • Federal drug charges

    • Marijuana possession charges

    • Possession of controlled substances (cocaine, heroin, methamphetamine, etc.)

    • Prescription drug fraud

    • Illegal possession of prescription drugs

    • Drug-related conspiracy charges

    • Asset forfeiture proceedings

    • Probation violations

    • Challenging the legality of searches and seizures

    • Disputing the amount or type of drugs involved

    • Arguing that constitutional rights were violated

    • Negotiating plea agreements

    • Taking cases to trial

    • Providing legal guidance and representation for clients throughout the entire legal process.

Cases can range from relatively minor drug possession, and drug paraphernalia possession charges to more serious drug trafficking and distribution offenses. In addition to state drug charges, you may also handle federal drug cases, which typically involve larger drug quantities or other factors that involve federal jurisdiction.

Some common types of drug cases that you may handle include marijuana possession, possession of controlled substances such as cocaine, heroin, or methamphetamine, drug trafficking and distribution, and drug-related conspiracy charges.

Depending on the specifics of each case, the accused will need a robust legal defense to defend against drug crime charges. Ultimately, our goal is to protect your rights and obtain the best possible outcome in each case, whether that involves negotiating a plea agreement or taking the case to trial.

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If you or someone you love has a drug charge, contact Schmittinger & Rodriguez today for a consultation. YOUR CASE. OUR PRIORITY.

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What Is The Best Way To Fight Drug Charges?

There are several strategies that can be employed to fight drug charges and obtain the best possible outcome for your clients. Here are some key approaches:

    • Challenge the legality of the search or seizure: One of the most effective ways to fight drug charges is to challenge the legality of the search or seizure that led to the charges. If the search was conducted without a warrant or if the police violated your client’s constitutional rights in some other way, the evidence may be suppressed and the charges could be dropped.

    • Dispute the amount or type of drugs involved: Another strategy for fighting drug charges is to dispute the amount or type of drugs involved. If the prosecution cannot prove beyond a reasonable doubt that your client was in possession of the drugs in question, the charges may not hold up in court.

    • Argue entrapment or coercion: In some cases, it may be possible to argue that your client was coerced or entrapped into committing the drug offense. This defense strategy requires proving that the government induced your client to commit the crime and that they would not have done so otherwise.

    • Negotiate a plea agreement: Depending on the circumstances of the case, it may be in your client’s best interest to negotiate a plea agreement with the prosecution. This can result in reduced charges, lower penalties, or other favorable outcomes.

    • Provide evidence of drug treatment or rehabilitation: If your client has a history of drug addiction or has successfully completed drug treatment or rehabilitation programs, providing evidence of this can help mitigate the charges and lead to a more favorable outcome.

    • Take the case to trial: Finally, if negotiations fail or if the evidence is weak, taking the case to trial may be the best option. A competent criminal defense lawyer’s job is to vigorously defend your client’s rights and interests, and presenting a strong defense at trial can help ensure that justice is served.

An experienced drug lawyer is the best choice to represent you in a drug case. Our attorneys have the knowledge and experience to represent you in Dover DE in a manner that will achieve the best possible outcome.

What Are The Penalties For Drug Offenses?

The severity of the penalties will depend on the specifics of the offense, such as the type of drug involved, the quantity, and the intent of the defendant. In Delaware, drug offenses are classified into four different categories: Class A, Class B, Class C, and Class D.

Class A drug offenses:

  • These are the most serious drug offenses in Delaware and include offenses such as manufacturing, delivering, or possessing with the intent to deliver large quantities of Schedule I or II controlled substances.

  • Penalties for Class A drug offenses can include a minimum of 15 years and up to life in prison, and fines of up to $500,000.

Class B drug offenses:

  • These offenses include manufacturing, delivering, or possessing with the intent to deliver smaller quantities of Schedule I or II controlled substances, as well as manufacturing or delivering Schedule III or IV controlled substances.

  • Penalties for Class B drug offenses can include a maximum of 25 years in prison and fines of up to $300,000.

Class C drug offenses:

  • These offenses include possession, manufacture, or delivery of Schedule V controlled substances, as well as possession of small amounts of Schedule I, II, III, or IV controlled substances.

  • Penalties for Class C drug offenses can include a maximum of 18 months in jail and fines of up to $10,000.

Class D drug offenses:

  • These are the least serious drug offenses in Delaware and include possession of drug paraphernalia and possession of a small amount of marijuana.

  • Penalties for Class D drug offenses can include a maximum of one year in jail and fines of up to $2,300.

It’s important to note that the penalties for drug offenses can be enhanced if certain aggravating factors are present, such as the offense occurring near a school or involving minors. Your criminal defense lawyer will advise you of the charges, the evidence against you, and how best to defend your case.

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Hiring an Experienced Drug Defense Attorney

Hiring criminal defense attorneys ensures that you have the right attorney with whom you can share confidential information about charges against you to determine what steps are in your best interest and will make for the best defense.

At Schmittinger & Rodriguez, we understand how difficult and stressful it can be to be arrested on a drug charge. Our team has decades of combined experience handling these sensitive matters offering clients peace of mind that they and their loved ones are legally protected as they move through the legal system. Our goal is to see you through either a misdemeanor or felony drug charge with the best outcome from getting the charges dropped to a plea bargain or alternative sentence and reducing the impact of a criminal record on your daily life.

If you or someone you love has a drug charge, contact Schmittinger & Rodriguez today for a consultation. YOUR CASE. OUR PRIORITY.

Drug Offense FAQs

What is the difference between state and federal drug charges?

State drug charges are prosecuted under state law, while federal drug charges are prosecuted under federal law. Federal drug charges typically involve larger drug quantities, interstate drug trafficking, or other factors that involve federal jurisdiction.

Can I be charged with drug possession if the drugs weren't actually mine?

It is possible to be charged with drug possession even if the drugs were not actually yours. However, the prosecution must prove that you had knowledge of the presence of the drugs and the ability to exercise control over them.

Can I be charged with drug trafficking if I only gave drugs to a friend?

It is possible to be charged with drug trafficking even if you only gave drugs to a friend. The law considers any exchange of drugs to be drug trafficking, regardless of whether or not money was exchanged.

What is drug court?

Drug court is a specialized court program that is designed to help individuals with drug addiction issues. The program offers treatment and counseling in lieu of jail time or other traditional criminal penalties.

Will I lose my driver's license if I am convicted of a drug offense?

It is possible to lose your driver's license if you are convicted of a drug offense in Delaware. The specific circumstances of your case will determine whether or not your license will be suspended.

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