In this article, you can discover:
- Why drug trafficking is more common and serious than possession in Maine.
- How and when the type and quantity of drugs determine misdemeanor or felony charges.
- The importance of seeking legal advice early for drug-related charges.
What Are The Most Common Types Of Drug Charges Your Firm Handles In Maine?
In Maine, our firm primarily encounters trafficking charges as the most prevalent type of drug offense. Typically, individuals facing these charges have been implicated through investigations, often due to information provided by others charged with crimes or various other sources suspecting their involvement in drug trafficking.
Although possession cases do occur, trafficking is notably more common and carries significantly harsher penalties. A unique challenge with trafficking charges is the legal ease with which a possession charge can escalate to trafficking, even when evidence predominantly indicates mere possession.
What Determines Whether A Drug Charge Will Be A Misdemeanor Or A Felony In Maine?
The classification of a drug charge as a misdemeanor or felony in Maine hinges on several factors. These include the type of drug involved, the quantity in question, and the specific circumstances of the alleged offense.
The nature of the drug itself is a critical determinant; while no drug automatically results in a felony charge, certain substances like marijuana, cocaine, fentanyl, and heroin may lead to felony charges depending on the quantity. Additionally, circumstances such as allegations of trafficking or proximity to sensitive areas like school zones can elevate charges from misdemeanors to felonies.
What Are The Potential Sentences Or Sentencing Penalties For Misdemeanors And Felony Drug Convictions?
Sentencing for misdemeanor drug convictions typically caps at a maximum of 364 days in jail and a $2,000 fine. However, actual sentences often fall significantly short of these maximums, with many possession cases resolved with minimal fines.
Felony drug convictions carry more severe penalties: up to five years in prison for Class C felonies, ten years for Class B, and thirty years for Class A. Aggravated trafficking charges come with a mandatory minimum of four years due to factors like the amount involved or other alleged conduct.
Is There Drug Court Available Or Alternative Sentencing Programs Available For Drug Charge Convictions In Maine?
Maine offers drug courts, although their availability varies by county. These courts are generally reserved for low to medium-risk drug cases. However, accessing drug court can be challenging, with acceptance often dependent on the individual's criminal history and the perceived severity of their offense. Cases deemed too high-risk or too minor may be excluded. As an advocate for our clients, a significant part of our work involves vigorously pursuing drug court placement for eligible individuals. For more information on Facing Drug-Related Charges In Maine, an initial consultation is your next best step.
