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February 2016 Archives

What is the fruit of the poisonous tree?

The fruit of the poisonous tree is an important legal idea that essentially states that anything related to an illegal means of gathering evidence is also illegal, even if it did not come directly from the primary event. When the law was broken the first time, it meant that all discoveries made by the authorities—that were only possible because of the illegal action—could not be used as evidence. This is one way that you can sometimes get evidence thrown out of court.

The details of a drug bust can make it a federal crime

Typically, drug busts are made by state police and local police, but it's important to know that it's very easy for drug charges to become federal charges. This can happen with simple possession charges or more complex charges, like those for manufacturing and producing certain types of drugs. Below are a few examples of how federal charges can come about:

What is constructive possession?

Are you being charged with possession of an illegal drug, even though you did not have it on your person? If so, the authorities may have referred to something called "constructive possession." It's very important to know what this is and how it works.

Can you be accused of drug trafficking through the mail?

Many drug trafficking charges stem from physical events where people are caught with drugs on them. Typically, trafficking is used when people are moving a substantial amount—the amount is different for different types of drugs, but the rule of thumb is that the amount is more than the person would have for himself or herself—and this often happens in a motor vehicle. However, can you also be accused of trafficking drugs through the mail?

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DMC - Law Offices of Damon M. Cheronis

Law Offices of Damon M. Cheronis
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