DEALING WITH DRUG CHARGES IN NEW HAMPSHIRE
As of this writing, the year is 2021 and America is finally waking up to the reality that the so-called “War On Drugs” is lost. Jurists, judges, police, prosecutors, teachers, principals, parents, doctors, and even the local jail guard know that society cannot arrest, or jail, or punish its way out of drug abuse and dependency.
Every passing year Americans turn on the news to learn that states all over America are decriminalizing or legalizing drug use and possession. Drugs like marijuana are no longer treated as the Devil’s Weed. Rather they are seen as nice generators of tax revenue that can best be used to pave our roads, fix our bridges, improve our schools, and even pay for rehabilitation centers to treat more serious drug behaviors.
Of course, having said all of that, most drugs in New Hampshire remain illegal to either possess, share, or distribute. Having 2/3 of an ounce of marijuana for personal use may no longer be a crime in New Hampshire, but having a grain of cocaine, a dusting of heroin, a residue of meth or crack remains highly illegal and punishable by jail, prison, sky-high fines, and probation. This is true of even a first offense.
Now of course it is true that if you are arrested in New Hampshire for possessing a small amount of a hard drug (such a cocaine, crack, heroin, heth, etc.) and it is your first arrest, you are almost certainly not going to jail or prison. But(!) you are facing a felony conviction for having any one of these drugs in your pockets or under your control. That is where OSBORNE LAW can help you. Attorney Mark Osborne works hard to make sure his clients do not have to suffer the humiliation, life-altering, and career ending stigma of a felony drug conviction.
At OSBORNE LAW, we do not believe that a felony drug conviction is necessary to rehabilitate our clients or to make our society healthier. We do not believe that making sure someone will never work in his/her chosen profession meaningfully deters other people from using drugs. Together with ur clients, at OSBORNE LAW we carefully examine each aspect of your drug case. In doing so, here are some of the things we are looking for:
- How did the police find they drugs?
- Why were the police talking to or detaining you I the first place (prior to finding the drugs)?
- Did the police search you or your belongings (or car or residence) with a warrant?
- Did you consent to a search?
- Where did the police find the drugs?
- Were the drugs in plain view? If not, where was the search warrant?
- Can the drugs be tied to you? Was anyone else around or in your home or car?
- Is there a way to get the drugs thrown out (or suppressed) so that your case is dropped?
These questions are highly critical and must be raised in EVERY drug case. The answers to these
questions are hugely important because the right answer may very well lead to the drugs being suppressed (meaning thrown out and deemed inadmissible at trial) and your charges being dropped by the prosecutor or dismissed by the judge.
It is good news that the United States is moving away from jailing and incarcerating addicts and drug users (albeit at a glacial pace). But, just because your chances of going to jail are very slim for a first offense, that doesn’t mean you don’t have to worry about other not so obvious consequences.
What if you are not a citizen or naturalized person of the United States? A felony or misdemeanor drug conviction may lead to your:
- Revocation of your visa
- Denial of your residency or citizenship.
What if you are a student in high school or college? A felony or misdemeanor drug conviction could cause you to:
- Lose or forego student loans
- Get expelled from your high school or college
- Be denied acceptance to the school of your choice
- Suffer an inability to study abroad
- Be denied a ton of other life opportunities that you haven’t even considered.
What if you are a gun owner? A felony or misdemeanor drug conviction could:
- Make it illegal for you to buy, own, carry, possess, or use a firearm
(thus depriving you of the ability and right to protect your home and family).
What if you have prior drug conviction or arrest on your record? A new drug felony or misdemeanor may:
- Land you in jail this time as the prosecutor and judge up the anty, and consider that you already have had one chance to get your drug issue under control
- Mean high fines
- Probation (and all the joy that comes with urine tests, blood tests, and weekly or monthly visits from your probation officer for all your neighbors, co-workers, and colleagues to see.
What if you are a professional person working your dream job? Do you know anyone who is eager to:
- Be operated on by a surgeon with a drug conviction?
- Be flown by an airline pilot with a drug conviction?
- Be represented by a lawyer with a drug conviction?
- Be taught by a teacher or professor with a drug conviction?
- Be counseled by an accountant or business professional with a drug conviction?
The consequences (and possible consequences) of drug convictions are many. In fact, they are
too numerous too list here. Each client has his/her own set of circumstances to worry about. At OSBORNE LAW, we will assess your case and identify for you all the hidden consequences about which you should be concerned. We will then craft a strategy that best removes and rescues you from the fallout of your drug arrest, under the specific and unique circumstances of your case.
Drug use and a drug arrest does not make you a bad person. Drug use is not a reflection of who you are or what you can achieve during your time on this planet. But, drug use CAN substantially decrease the time you have left on this planet. A drug conviction may ruin the quality of that time. Don’t bury your head in the sand or wait until its too late. If you are wrestling with a drug arrest, OSBORNE LAW is here to help you.