Montana (and federal) law prohibits all sorts of activities relative to Controlled Substances. There are misdemeanor and felony crimes relative to this Act.Given the potential punishments for these crimes, you should have an attorney who is experienced with drug crimes to represent you.
The most common misdemeanor drug crime is possession of marijuana (under 60g). The penalties are not substantial for a first-time arrest. In fact, Montana law presumes you should get a deferred sentence (meaning, the case will be dismissed after you complete your sentence), but sometimes the prosecutor may attempt to rebut that presumption and try to obtain a permanent conviction against you.
Montana’s Medical Marijuana Act (MMA) is a good thing for a lot of Montanans, but unfortunately, it has also created somewhat of a “trap” for a lot of people to get arrested and prosecuted for marijuana. Many people who think they are complying with the law or think that police officers do not care about possession of marijuana are many times mistaken. The MMA has given too many people a false confidence when possessing and using marijuana. It may, in fact, come back to harm you.
There are many issues that surround misdemeanor drug charges. The most common are illegal stops and searches and seizures, which include the defendant statements and physical evidence. Where the officers have obtained evidence illegally, it can be suppressed and the case dismissed. These are extremely important issues in a drug case.
Keep in mind, if you consent to an officer’s request for statements or search, you waive any right to suppress that evidence had you not consented. At any time during the officer’s encounter you determine you do not want to consent to his questions or searches, you need to inform the officer that you do not consent. Do not be so eager to give up your rights when being confronted by a police officer. But of course, always be respectful.
In addition to the issues normally seen in misdemeanor drug cases, felony drug cases present many other issues; like applications for warrant, judicial warrant, under-cover surveillance, multiple and complex searches and seizures, confidential informants, multiple witness credibility, and witness and defendant statements. These kinds of intense, and often complex details have to be, first, discovered and then, analyzed to know the strengths and weaknesses of the case. To defend these cases is not always easy and winning at trial in Flathead County, Montana is even harder at times (give the high conviction rate). This is why you need an attorney with much experience in this area of law.
Contact Tim Baldwin for your drug case.