Drug Crimes Defense Lawyer
There are many different types of drug-related crimes and the potential consequences for drug crimes in the state of Arkansas vary dramatically depending on the substance and quantity involved. If you have been charged with a drug crime, schedule a FREE consultation with Stuart Cearley today to talk about the details of your specific case and determine what your next steps should be.
Drug Charges
Drug offense have serious consequences and can significantly impact your life. These charges are taken very seriously in the state of Arkansas and can result in significant fines and time in jail. Whether you are charged with possession, delivery, manufacturing, or intent to deliver, having an experienced attorney who is well versed with drug laws can make all the difference in the outcome of your case. Stuart Cearley is the lawyer who can make that difference for you. Stuart will create a strong line of defense after he listens to your story and thoroughly reviews your case. His goal is to provide solid representation in order to defend you in the legal system and ensure that your rights are upheld.
There are six classifications of controlled substances in the state of Arkansas. These Drug Schedules contain specific drugs, substances and chemicals used to make drugs. Placement of each substance is dependent on the drug’s acceptable medical use and the drug's abuse or dependence potential, with Schedule I drugs having the highest potential of severity and Schedule VI being the lowest potential for severity. Penalties depend on the or the illegal possession of controlled substances can range from a Class A misdemeanor.
Schedule I
Schedule I drugs, substances, and chemicals are currently defined as drugs with no medically accepted use and a high potential of abuse. Examples of Schedule I drugs include heroin, lysergic acid diethylamide (LSD), 3,4-methylenedioxymethamphetamine (ecstasy), methaqualone, peyote, and marijuana. Delivery of a Schedule I controlled substance is considered a Class B or Class C felony in the State of Arkansas, depending on the weight of the substance being delivered.
Schedule II
Schedule II drugs, substances, and chemicals are defined as drugs containing very high potential of abuse, potentially leading to severe physical or psychological dependence. Examples of Schedule II drugs are cocaine, methamphetamine, methadone, hydromorphone (Dilaudid), meperidine (Demerol), oxycodone (OxyContin), fentanyl, Dexedrine, Ritalin, Adderall, and combination products with less than 15mg of hydrocodone per dosage unit (Vicodin). Delivery of a Schedule II controlled substance is considered a Class B or Class C felony in the State of Arkansas, depending on the weight of the substance being delivered.
Schedule III
Schedule III drugs, substances, and chemicals are defined as drugs containing a low to moderate potential for physical and psychological dependence. Schedule III drug abuse is at a lower potential than Schedule I and Schedule II drugs, but higher than Schedule IV. Examples of Schedule III drugs are ketamine, anabolic steroids, and products containing less than 90mg of codeine per dosage unit. It is unlawful to possess a Schedule III substance with the purpose of delivering the substance and is considered a Class C felony in the State of Arkansas.
Schedule IV
Schedule IV drugs, substances, and chemicals are defined as drugs containing a low potential for abuse and dependency. Examples of Schedule IV drugs are Soma, Darvocet, Ativan, Ambien, Xanax, Davon, Valium, Talwin, and Tramadol. It is unlawful to possess a Schedule IV substance with the purpose of delivering the substance, possession with intent of delivery is to be considered a Class C felony, or a Class B felony in the State of Arkansas depending on the weight being possessed.
Schedule V
Schedule V drugs, substances, and chemicals are defined as drugs containing a potential of abuse lower than that of a Schedule V and consists of preparations containing limited quantities of certain narcotics. Examples of Schedule V drugs are Lomotil, Motofen, Lyrica, Parepectolin, and cough preparations with less than 200mg of codeine per 100 mL (Robitussin AC). It is considered unlawful to possess a Schedule V substance with the purpose of delivering the substance, possession with intent of delivery is to be considered a Class C felony, or a Class B felony in the State of Arkansas depending on the weight being possessed.
Schedule VI drugs are considered to be unsafe, highly abusive and a public health risk that have no acceptable medical uses. They include drugs such as marijuana, synthetic cannabinoids, and salvia. Penalties depend on the possession amount and if any prior convictions exist and can range from Class A misdemeanors to Class A felony charges.
Schedule VI
Possession of Drug Paraphernalia
Possession and use of drug paraphernalia is also illegal in Arkansas. These include items that are used to ingest, inhale, inject, store, conceal, or weigh any illegal controlled substances. Generally considered a Class A misdemeanor, however it can carry a Class D felony penalty if the defendant has a prior drug conviction for meth, heroin fentanyl of cocaine.
A person in possession of a controlled substance within proximity to certain facilities will receive an enhanced sentence of an additional term of 10 years imprisonment. The person possesses a controlled substance, and the offense is a Class C felony or greater, or possesses with the intent to deliver will be subject to an enhanced sentence if the offense is committed on or within 1,000 feet of the real property of:
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A city or state park
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A public vocational school, public or private elementary or secondary school, or public or private college or university
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A designated school bus stop that has been identified and published on the route list by a public school district
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A YMCA, YWCA, Boys and Girls Club, community center, recreation center, skating rink, or video arcade.
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A publicly funded and administered multifamily housing development
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A drug or alcohol treatment center
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A day care center
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A church
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A shelter that provides services including food, housing, counseling, and assistance to victims of domestic abuse and their minor dependent children.
Enhanced Penalties in Proximity to Certain Facilities
Distribution and Drug Trafficking
Drug Trafficking, the crime of selling, transporting or illegally importing unlawful controlled substances, can have harsh penalties depending on the substance and quantity. Possession of 1 gram or more of fentanyl, 200 grams or more of a Schedule I or II drug, 400 grams or more of a Schedule III drug, 800 grams or more of a Schedule IV or V drug, or 500 pounds or more of a Schedule VI drug are punishable as a Class Y felony.
Illegal Drug Production
Unlawful controlled substance manufacturing is the act of cultivating, growing, or producing illegal drugs or controlled substances to be used or sold without authorization. It includes substances such as marijuana, heroin, methamphetamine, methcathinone, fentanyl, ecstasy, and other synthetic drugs. This is considered a Class Y felony and carries a 10-to-40-year sentence and fines not exceeding $25,000.
Legal Process for a Drug Crime
Depending on you charges you are facing, you could be tried in a Federal or a State court. Regardless, your case will have many phases and throughout the process you have the right to have legal representation. The investigation and/or an arrest is the first phase and is when a criminal complaint in filed in a court of law. A hearing in a court of law will occur after an arrest. This is where you can request release, or bail. An arraignment or an indictment will occur and require that you appear in court and enter your plea to the judge. After that Stuart Cearley will gather evidence, review possible defense strategies, and prepare a strong case during the discovery phase. In addition, pretrial pleadings and motions can be made to the judge and plea bargains may result. When this phase is complete, your case will go to trial where Stuart will fight vehemently for you. If a guilty verdict is handed down, you may be able to appeal your case to a higher court.
Throughout this process your constitutional rights will be protected, and we will fight for the best possible outcomes for your specific case, whether it’s a simple possession charge or a drug trafficking charge. Our legal defense team is highly skilled and experienced and will provide a strong and aggressive defense to ensure you receive the needed legal representation you deserve.
Find out why we are the defense attorneys to call in Northwest Arkansas.
What is a Criminal Defense Lawyer?
Criminal defense lawyers provide legal representation for those who have been accused or charged with committing criminal offenses. They may provide counsel during the criminal investigation, arrest, and throughout the trial. It is the primary role of a defense attorney to be sure that the rights and interests of the accused are upheld and protected. Legal advice, preparation of legal documents, case investigation, and representation in court to ensure that client receives a fair trial are all part of criminal defense attorney’s role defending a client’s rights.
