Best Drug Crime Lawyers in Delaware

About Drug Crime Law in Delaware, United States

Drug crime law in Delaware covers a wide range of illegal activities involving controlled substances. These offenses include possession, distribution, manufacturing, trafficking, and prescription fraud. Delaware enforces both state and federal drug laws, and the consequences of a drug-related conviction can be severe. Penalties may include fines, imprisonment, probation, loss of driving privileges, and a permanent criminal record. Drug crimes are treated seriously by the Delaware justice system, especially those involving large quantities or activities near schools and playgrounds. Understanding the specific laws and potential consequences in Delaware is important for anyone facing drug crime charges.

Why You May Need a Lawyer

Drug crime charges in Delaware can have long-lasting impacts on your life, freedom, and future. You might need a lawyer if you have been arrested for drug possession, accused of selling or distributing substances, or are under investigation for any drug-related activity. A lawyer can help you understand the charges, develop a defense strategy, and protect your rights throughout the legal process. Legal assistance is especially important if you are facing felony charges, have prior convictions, or if law enforcement claims there were aggravating factors, such as weapons or proximity to a school. Even for first-time or low-level offenses, a knowledgeable attorney can work to reduce penalties, seek alternative dispositions like diversion programs, and potentially get charges dismissed or reduced.

Local Laws Overview

Delaware’s drug laws classify substances into five schedules, with Schedule I including the most dangerous drugs and Schedule V the least. Common offenses include:

• Possession: Having illegal drugs for personal use is typically a misdemeanor for small amounts but can become a felony for larger quantities or certain substances.
• Possession with Intent to Deliver: This is a more serious charge than simple possession and usually a felony, often determined by the quantity of drugs or evidence of distribution.
• Drug Trafficking: This involves the manufacture, transportation, or sale of large amounts of drugs and carries mandatory minimum sentences.
• Prescription Drug Offenses: Illegal possession or distribution of prescription medications is also tightly regulated and prosecuted.
• Drug Paraphernalia: Possession or distribution of items used to consume or transport drugs can lead to additional charges.

Delaware also has specific laws for offenses occurring near schools or involving minors, which can increase penalties. Sentencing depends on factors such as the drug type and amount, location of the crime, and prior convictions. Some first-time offenders may be eligible for diversion programs or probation rather than jail time.

Frequently Asked Questions

What is considered drug possession in Delaware?

Drug possession means knowingly having a controlled substance on your person, in your vehicle, or on your property. Even if the drugs are not physically on you, you can be charged if you have control over their location.

What are the penalties for drug possession?

Penalties depend on the type and quantity of the substance. Small amounts of marijuana, for example, may result in fines, while larger amounts or more dangerous substances like heroin typically lead to felony charges, higher fines, and possible jail time.

What is the difference between possession and possession with intent to deliver?

Possession with intent to deliver means you are accused of having drugs with plans to sell or distribute them. This is a more serious offense than simple possession and often carries steeper penalties.

Can I be charged for drug paraphernalia?

Yes. Delaware law makes it illegal to possess, sell, or distribute items used to consume, manufacture, or distribute drugs, such as pipes, bongs, or syringes.

Are there mandatory minimum sentences for drug trafficking?

Yes. Delaware imposes mandatory minimum prison sentences for drug trafficking that depend on the type and amount of drugs involved, as well as prior criminal history.

Is marijuana legal in Delaware?

Recreational marijuana is decriminalized in small amounts for personal use by adults, typically resulting in a civil fine. However, larger quantities, sales, and all use by minors remain illegal and can lead to criminal charges.

What should I do if I am arrested for a drug crime?

Exercise your right to remain silent and ask to speak to an attorney as soon as possible. Do not answer questions or consent to searches without legal counsel present.

Can drug charges be removed from my record?

In some cases, you may be eligible for expungement or record sealing, especially for first-time or low-level offenses. A lawyer can advise you about your eligibility and help with the process.

Will a drug crime affect my driver’s license?

Yes. Many drug convictions in Delaware result in the suspension or revocation of your driver’s license, separate from any criminal penalties.

Are there alternatives to jail for drug offenses?

Some offenders may qualify for diversion programs, drug court, probation, or substance abuse treatment as alternatives to incarceration. These options are often more available for non-violent, first-time offenders.

Additional Resources

If you need support or information related to drug crime charges in Delaware, consider reaching out to these resources:

• Delaware Division of Substance Abuse and Mental Health
• Delaware Office of Defense Services (Public Defender’s Office)
• Delaware Superior Court Drug Diversion Programs
• Delaware State Police - Drug Unit
• Substance Abuse and Mental Health Services Administration (SAMHSA)
• Legal Aid Society of Delaware

Next Steps

If you or a loved one is facing drug crime charges in Delaware, it is important to act quickly. Start by documenting the details of your case and gather any paperwork related to your arrest. Avoid discussing your case with anyone other than your lawyer. Consult with an experienced criminal defense attorney who is familiar with Delaware drug laws to review your legal options. Many lawyers offer free initial consultations to help you understand your situation and the best way to proceed. If eligible, consider applying for legal aid or public defender services. Early legal intervention can lead to better outcomes, including reduced charges or alternative sentencing arrangements.