Legal issue:
Near Location:
Use my location
Distance:

LIST VIEW

Featured

Address:
Telephone:
Website:
Rating:
Controlled Substance Law - Legal Information and Resources

Controlled Substance Law

The United States, recognizing the danger of the use of certain substances for non-scientific and non-medical purposes, is in joint cooperation with the rest of the world in controlling the manufacture and distribution of these substances. These substances, while known to have legitimate medical use, are dangerous when used without prescription and are habit-forming.

The Controlled Substances Act categorizes these substances under specific schedules. States adopt the schedules in a similar way. The drugs identified in the schedules under the CSA change from time to time, as a result of new research findings on the effect of their abuse or on specific incidences that lead to the drug's becoming more dangerous. Substances under the Controlled Substances Act may be purchased legally with permission. Controlled substance law prohibits the unauthorized possession of these drugs. Laws governing controlled substances are in place in both federal and state level, as the government has recognized that increasing interstate and foreign trade of these laws.

Violations of controlled substance laws can result to penalties, which include fines and prison time, the severity of which may be determined by the quantity of the controlled substances involved and whether the offender has past convictions for similar crimes. Controlled substance law is complicated. Prosecutors will determine the charge, depending on his interpretation of the investigation completed by law enforcement agencies. When facing charges of violation of controlled substance law, it is a good idea to retain the help of a controlled substance law attorney in order to review the charges to be filed by the prosecutor. Offenses enumerated under controlled substance laws differ by specific words and these words can mean a lot in terms of penalties and prison time. A controlled substance law attorney has knowledge on every nook and cranny of the language of controlled substance laws, giving the defendant assurance that he cannot be charged for a crime he didn't commit. Moreover, ordinary citizens are not in the know as to the specific substances listed under the CSA, and, often, their possession of a certain drug may be as a result of innocent unauthorized possession. The law, however, does not excuse ignorance, but it will help if the defendant has a controlled substance law attorney who will try to bring down penalties or jail time.

Like all other crimes, persons charged with violations of controlled substances law are granted rights so that they are protected from unreasonable search and seizure. Law enforcement agencies in the United States are zealous in their pursuit of controlled substances law violators. It is typical for law enforcement agencies to conduct search and seizure without the appropriate warrant under certain circumstances, often resulting to invasion of the individual's privacy. Searches are usually conducted in numerous ways, such as traffic stops, wiretapping or eavesdropping. When a search and seizure is conducted illegally, the defendant can bring that up in court as the evidence resulting from such search and seizure, which were illegally obtained, cannot be used against him. The defendant, however, must need an attorney so that whatever he says cannot be used against him.

An expert controlled drug law attorney would also be informed of alternative sentencing and can advise a defendant to plead guilty to the drug crime in exchange for lesser fine and jail time or for a so-called "drug court," which involves a more-relaxed proceeding aimed to give drug abusers the chance to lead a clean life.

Areas of Law

Civil And Commercial Mediation Law - Legal Information and Resources

Civil And Commercial Mediation

Mediation and arbitration are in place to induce parties to settle their disputes prior to or instead of initiating any legal action as litigation is lengthy and costly and only adds to the swelling court docket. Both arbitration and mediation involve a neutral third party to help the disputing parties resolve their issues. In contrast to arbitration, mediation is less formal and the parties focus on negotiation rather on seeking the ruling of the neutral third-party. While the main goal of the ADR is to eliminate the need for litigation, ADR can also be used as a process of resolving a pending litigation, when courts require parties to submit to ADR prior to proceeding to trial.

Mediation is used to resolve both civil and commercial disputes. Mediation is not just limited to solving legal disputes. The process is also increasingly used in resolving administrative and community issues. Mediation law is a growing area of the law as studies show that parties who underwent mediation are more likely to be successful in resolving their disputes compared to parties who immediately went to litigation. Recognizing the usefulness of mediation in both court and non-court settings, the Uniform Mediation Act was enacted to be adopted by all American states to promote uniformity in the use of mediation law.

Not all states, however, adopted the UMA, so the procedures governing mediations still vary from state to state. This means that, despite the aim of mediation to eliminate litigation, there will be legal disputes arising from the process that will need the expertise of mediation law attorneys. For one, if there are no uniform rules on the language of settlement resulting from mediation, one party may choose to go to another state to have a court there interpret such settlement.

A mediator, who is a neutral third-party trained in negotiations, presides over mediations and assists the parties to come up with a settlement that is tailored to each of the parties' needs. Mediation is voluntary so that the parties are in control and in cooperation with each other. There instances though when a court will direct mediation. Civil and commercial mediation still require attorneys as not all mediators are familiar with the law. If the dispute is legal, the parties, including the mediator, may not be able to reach a settlement that will resolve the dispute without the help of expert mediation law attorneys.

The goal of mediation is negotiation to come to a voluntary settlement, but a settlement is not always the outcome of mediations. Parties who undergo mediation are not bound by the settlement reached, so any party can go to court and sue the other party, bringing their dispute back to square one. It is for this reason that civil and commercial mediation law attorneys are needed to help the parties reach a win-win resolution and avoid the costly, lengthy and burdensome litigation process that may not also result to the desired outcome of the parties. Success rates of mediation is high and, if successful, can save both parties huge amounts of money that will be drained when the disputes are taken to court.

Areas of Law