A search and seizure could uncover items that could lead to criminal charges. With regards to drug crimes, one could face possession charges based on the proximity of the substance to them. This means if a controlled substance is in a person’s vehicle, this could result in possession charges. Additionally, if the quantity of the substance is substantial and other items are uncovered as well, this could lead to allegations of drug distribution and result in additional charges. Because drug charges can result in harsh penalties, it is important that the accused understand the circumstances that led to the charges and the available defense options they might have.
Heroin laws in Oregon
Under both federal law and Oregon state law, the trafficking, sale and possession of heroin is illegal. This means, no matter the quantity of heroin one is accused of being in possession of, this is considered a drug crime. However, based on the accused criminal past and the circumstances surrounding the charges, one could face very harsh penalties or could be given a second chance through probation and treatment.
Possession and sale of heroin
The possession of any amount of heroin is considered a Class B felony in the state of Oregon. This could result in a prison sentence up to 10 years and a fine that could be as high as $250,000. In contrast, the sale, delivery or distribution of heroin is punished more severely. This is considered a Class A felony and could be punished with imprisonment of up to 20 years and fine of up to $375,000.
Like any drug crime, the accused can assert an array of defenses. One could assert that the drugs in question are not theirs. Additionally, the accused could assert an unlawful search and seizure if it is determined that law enforcement did not follow protocol or there was a break in the chain of custody.
A felony drug charge carries with it serious criminal consequences. Thus, it is imperative that those accused of such a crime take an aggressive approach when initiating a criminal defense. Questioning the steps involved in a search and seizure could provide defense options for the accused, which could assist with the suppression of evidence. This could ultimately help reduce or dismiss the charges against them.