Law Office Of Christopher Scott Woodford, Esq., P.A.

Criminal & Drug Ovrviews & Procedures

Criminal Law Overview

	Criminal or Penal Law, is defined as the body of statutes which provide the punishments for legal offenses. The process of criminal justice actually begins with an alleged crime. The allegation is an accusation that comes from a complainant. Either an instrument called an information or indictment may be filed in court in which formal charges are then brought about by a grand jury. The Fifth Amendment requires that a case be seen by a Federal Grand Jury, if the crime is considered to be against the United States. Each State has its’ own procedures aside from those of the U.S. Grand Jury.

The U.S. Criminal Code defines the criminal laws as they apply to the United States. Criminal statutes, define to a greater detail the nature, scope and elements relative to a particular offense and every state has statutes regarding the criminal code for that state.

Listed below are areas of crime that fall under the criminal law statutes:

Appellate Law
White Collar Crime
Bribery
Counterfeiting / Forgery
Embezzlement
Fraud
Healthcare Fraud
Government Fraud
Murder / Homicide
Tax Evasion
Violent Crime
Theft / Property Crime
Drug Crime
Juvenile Crime
Child Abuse Crime

There are many criminal laws that the Congress passes into legislation. Each state has there own set of criminal laws which loosely follow that of the Federal Statues. The severity of the crime and the causal punishment is determined by the laws set forth in that state. Many criminal laws are typified differently in one state than in another. It is because of this that a criminal defense lawyer must be registered to practice law in the State which they intend to work.

If you are in need legal representation for an alleged crime, don’t take the law into your own hands. The criminal code in every state is unique and difficult to interpret. Seek advice by a competent criminal lawyer to handle your case.

Were you charged for allegedly committing a criminal offense? Contact a lawyer who knows how to fight for your legal rights.

Criminal Procedures

Criminal procedure is the legislative rules that run the proceedings of criminal law. In the United States, The US code, Title 18, Part II, dictates the federal statutes on crimes. The states have their own adopted criminal statutes that resemble those of the US criminal code.

Below is a list of some elements of that fall under criminal procedure in the US code:

General provisions
Arrest and commitment
Searches and seizures
Speedy trial
Grand jury
Indictment and information
Arraignment, pleas and trial
Witnesses and evidence
Verdict
Sentences

The criminal justice system in the United States is an adversarial and accusatorial model. Criminal procedure is in place to balance right’s of the defendant and interest’s of the state’s prosecution. The precedent behind the design and structure of the system is in place to protect the rights of the defendant.

Every state has a set of statutes that govern the body of that state’s criminal code. Being an adversarial model, the justice of a defendant depends on having a highly skilled criminal defense lawyer interpret the laws, present and argue the rights of the defendant, and ultimately persuade the court into ruling that the defendant be exonerated of guilt.

Were you charged for allegedly committing a criminal offense? Contact a lawyer who knows how to fight for your legal rights.

Drug Charge Overview

The war on drugs is a non-stop collective effort run by local, state, and federal agencies. According to recent statistics from the Department of Justice, the number of people arrested by state, local and federal agencies for drug violations alone numbered well over 1,500,000. The result that this has had on the citizens of the United States is staggering. No other country has such a policy in effect. In order to control the abuse, law enforcement agencies have taken an approach to just lock people up and thereby have dismantled the very fabric of many American’s lives in that effort. If you have been arrested for a drug abuse offense there are certain rights that you may not know you have. An expert attorney in the field of drug charges can help you understand your rights and your options.

There are a lot of people arrested on a daily basis for using, possessing, manufacturing and delivering drugs. Below is a brief list of criminal drug charges.

These drug charges may be classified as Felony or Misdemeanor, depending on the amount and type of substance:

Drug Possession
Drug Manufacture
Drug Delivery
Drug Distribution
Drug Trafficking
Drug Cultivation

The laws in your area require that you speak with a lawyer that knows your local laws regarding your case. If you are arrested you will have to appear in court and the Judge will require you to have a lawyer. To appear without an attorney and, represent yourself would not be advisable. Only an experienced and well trained drug charge attorney can successfully handle the complexities involved in a criminal offense under the Controlled Drug and Substance Act. An experienced drug charge attorney is familiar with the current policies and procedures in your area that will give you an advantage in handling your case.

Were you charged for allegedly committing a criminal offense? Contact a lawyer who knows how to fight for your legal rights.

Many of the drugs included within this subchapter have a useful and legitimate medical purpose and are necessary to maintain the health and general welfare of the America

Sec. 801.Congressional Findings And Declarations Controlled Substances

STATUTE
The Congress makes the following findings and declarations:

(1) Many of the drugs included within this subchapter have a useful and legitimate medical purpose and are necessary to maintain the health and general welfare of the American people.

(2) The illegal importation, manufacture, distribution, and possession and improper use of controlled substances have asubstantial and detrimental effect on the health and general welfare of the American people.

(3) A major portion of the traffic in controlled substances flows through interstate and foreign commerce. Incidents of the traffic which are not an integral part of the interstate or foreign flow, such as manufacture, local distribution, and possession, nonetheless have a substantial and direct effect upon interstate commerce because -

(A) after manufacture, many controlled substances are transported in interstate commerce,

(B) controlled substances distributed locally usually have been transported in interstate commerce immediately before their distribution, and

(4) Local distribution and possession of controlled substances contribute to swelling the interstate traffic in such substances.

(5) Controlled substances manufactured and distributed intrastate cannot be differentiated from controlled substances manufactured and distributed interstate. Thus, it is not feasible to distinguish, in terms of controls, between controlled substances manufactured and distributed interstate and controlled substances manufactured and distributed intrastate.

(6) Federal control of the intrastate incidents of the traffic in controlled substances is essential to the effective control of the interstate incidents of such traffic.

(7) The United States is a party to the Single Convention on Narcotic Drugs, 1961, and other international conventions designed to establish effective control over international and domestic traffic in controlled substances.

(Pub. L. 91-513, title II, Sec. 101, Oct. 27, 1970, 84 Stat. 1242.)

This subchapter, referred to in par. (1), was in the original 'this title', meaning title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as amended, and is popularly known as the 'Controlled Substances Act'. For complete classification of title II to the Code, see second paragraph of Short Title note set out below and Tables.

Were you charged for allegedly committing a criminal offense? Contact a lawyer who knows how to fight for your legal rights.

More Information

Possession Of Controlled Substances

According to the Bureau of Justice statistics, there were 1,508,500 offenses for drug possession in a recent report. There are approximately a million or more people arrested per year for possession now than there were just ten years ago. The law enforcement around the country is taking a zero tolerance attitude towards any form of drug offense.

The main drugs that Americans are being arrested for possessing are:

Marijuana
Heroin
Cocaine
Methamphetamine
MDMA – Ecstasy
Oxycontin
Hydrocodone

It seems that the latest drug use trends are showing prescription drug abuse actually higher than illicit narcotics. With the exception of marijuana, users are leaning toward prescription drugs more than ever before. The Narcotics Control Board says that the number of prescription abusers jumped from 7.8 million in 1992 to 15.1 million in 2003. The largest increase was with Oxycontin, (Oxycodone) and Hydrocodone (Vicodin) with use by 7.4 % of college students in a recent report.

The courts have been so overwhelmed with drug related cases that many states now have drug courts and diversion programs for drug addicts and abusers in an effort to actually stop the drug problem where it starts. In all the efforts it appears that as long as there is a demand, society finds a way to supply it.

Were you charged for allegedly committing a criminal offense? Contact a lawyer who knows how to fight for your legal rights.

The law offices of Christopher S. Woodford, Esq., P.A. are dedicated to representing you. We will aggressively defend your legal rights to help ensure that you achieve the best outcome possible for your case.

Disclosure: By submitting this request for information, I understand that this does not constitute an attorney/client relationship. Furthermore, I understand that information obtained on this website is not intended to be legal advice. For free legal advice, contact Christopher S. Woodford, Esq., P.A. 24/7.

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