Drug Crimes

Drug crime law is a subset of criminal law, which deals with illegal possession, use, manufacture and sale of prohibited drugs. Drug crime law also deals with other criminal offenses associated with the possession, use, manufacture, and sale of illegal drugs. Illegal drugs include both "street" drugs and drugs specified under the Federal Controlled Substances Act of 1970.

Because drug crimes are "victimless" crimes, it has been proven a daunting task for both the federal and state level to enforce the law. Unless drug use has contributed to a violent crime, it is difficult for the government to run after the perpetrators because there is no "victim" except the user or the trader. Under the CSA, the federal government regulates the legal production, possession, and distribution of controlled substances. Some drugs listed under the CSA are allowed to be used and sold provided that they are for specific reasons, such as medical use. "Street" drugs, which are all deemed illegal in the United States, include cocaine, heroin, and methamphetamine.

All drug charges are considered felonies. The gravity, however, of the offense is determined upon the kind of drug involved, the quantity found with the offender, and the offender's intent to sell or use the drugs. The federal government, as well as the state government, is strict in enforcing anti-illegal drugs law that the penalties accompanying drug charges stiffer than the penalties for most crimes. Moreover, conviction for drug trafficking, especially if the trafficking is large scale, also leads to denial of federal benefits and forfeiture of real and personal property.

One of the most common issues arising from drug crimes is illegal stop and search or frisk. Police officers have the authority to stop and frisk suspicious individuals but because the Bill of Rights limits the government's encroachment upon personal liberties, in this case, the right against unnecessary search and seizures and unlawful issuance of warrants, those suspected of a drug crime can argue that they were illegally searched and stopped by law enforcement agencies. In defending a person accused of a drug crime, a drug crime law attorney must take note of the details prior to the arrest of the accused as the procedure as to how the accused was apprehended may lead to his or her acquittal.

With the rising incidences of interstate and inter-country drug trafficking, the federal government created an extensive web of agencies, enforcements, and programs meant to stop the proliferation of drug use in the United States. The government has identified, based on statistics, specific areas and ethnic groups where drug use and trade proliferates. It is thus not uncommon for law enforcement agencies to target impoverished neighborhoods or some ethnic groups in their surveillance. Some of these surveillance activities, however, result to ethnically-biased arrests and accusations. A person who is wrongfully accused of a drug crime badly needs the talent of a drug crime law expert as it is difficult to battle against a government that is bent on working towards a drug-free and safe society.

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Juvenile Law - Legal Information and Resources

Juvenile Law

Juvenile law governs the treatment of under-age who committed crimes. Under the law, a juvenile delinquent is someone under 18 years old who committed a crime or who violated rules. Juvenile delinquent is used interchangeably with youth offenders or delinquent minors. Juvenile minors, as they are often also called, have their own courts and are not treated the same way as adult criminal offenders due to the fact that minors need more guidance and care from the state.

Application of juvenile law vary on a state to state basis. The main precept is that the state is obligated to provide care and protection for the children within the state under the doctrine of parens patriae. Most, but not all, states have a juvenile code that brings together all rules and regulations governing the treatment, custody, and supervision of minor offenders. The federal government enacted the Juvenile Delinquency Prevention and Control Act of 1968 to address the increasing incidences of minors committing crimes and the negative effects on minors when placed in mainstream correctional facilities. The federal legislation provides guidelines that should be complied with by the states in their application of their own sets of juvenile laws.

To be considered a juvenile delinquent also varies from state to state. State juvenile codes differ in their definitions of what are considered juvenile delinquent acts. In some states, mere disobedience from parents is considered a juvenile delinquent act. In other states, school truancy and curfew violations are considered juvenile delinquent acts. In all cases, drinking alcohol is a juvenile delinquent act.

Due to the age and, often times, the level of maturity of, the minor offender, cases dealing with juvenile delinquents are delicate and sensitive. Hearings on juvenile delinquency cases are done in a confidential manner in order to protect the child. Courts also do not conduct the hearings like a typical criminal trial where the accused is subjected to thorough examination and cross examination. In juvenile delinquency cases, child specialists such as psychiatrists and counselors are employed to help adjudicate the cases with the goal of rehabilitation, rather than punishment. Juvenile delinquents are afforded the same, if not, more rights than adults who are accused of committing crimes. For most juvenile delinquent acts, the penalty would be paying a fine, community service or counseling.

The minor can also be sent to home confinement, to a foster group or to a special juvenile detention centers. Minors are provided separate facilities and are aided with social workers and probation officers whose goal is to help the juvenile avoid a life of crime. In rare juvenile delinquency cases, such as when the minor commits murder, the accused is sent to adult prisons, although they are still given separate facilities by virtue of their age. States have not agreed as to a uniform age when minors should be held responsible for their criminal behavior.

Being charged with delinquent acts is not easy especially for minors who, most often, do not know an inch of the law. They are vulnerable to abuses of the legal system if not represented by expert juvenile law attorneys.

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