No charges have been filed against the child yet and a good juvenile defense lawyer will disprove any criminal intent of the child and stop any allegations before they turn into formal criminal drug charges.  To begin with, the kid wasn’t selling the heroin. He was just passing it around like candy.  He obviously had very little idea of the value of what he held in his little hands, which allegedly was worth about $1,000! A juvenile drug attorney would argue that this child should not be charged or sentenced because he had no knowledge that what he was doing was wrong, he did not pass out the heroin for personal gain, and because he did not harm any of his classmates with his little party favors.

So if the child isn’t responsible for this incident, who is?  Perhaps it was some drug dealer’s sadistic idea to enlarge their client base by addicting third graders to heroin? More likely, this child found and took something that wasn’t theirs and he/she is going to be in a lot of trouble at home.  It is very probable that it will be the parents of the child who are going to take the fall for this and will need to hire a criminal defense attorney to protect them against charges of child neglect, child abuse, drug possession, and distribution of a controlled substance.  The parents at the school where this incident occurred are going to want someone to blame, and the school officials are going to want to push the blame as far away from themselves as possible.  So when the cops knock on the door, the parents of this child better be ready with a criminal defense lawyer by their side to make sure that they do not incriminate themselves while they are under investigation.  If they do not seek the help of a criminal defense lawyer from the beginning they could be facing serious consequences including being charged with heroin possession and having custody of their child taken away.  Let’s hope that this family’s criminal defense attorney can show that it was all just one big mistake and the next time that this child brings something to share at school, it is brownies, and I don’t mean the magical kind.

http://www.msnbc.msn.com/id/36499364/

Mr. Lemaine, a legal permanent resident of Texas charged with possession of marijuana in 2007 while visiting New York, knows better than anyone the consequences of a quick decision.  Mr. Lemaine, after being found with a marijuana cigarette in his pocket, decided to follow the advice of his Legal Aid criminal lawyer to plead guilty to the marijuana possession charges and pay the small $100 fine required by the state of New York. What appeared to be a simple legal matter over a minor misdemeanor drug offense has turned into a legal nightmare.  

According to United States’ Law, for non-citizens such as Mr. Lemaine, two convictions of drug possession is equivalent to drug trafficking, an “aggravated felony” that warrants deportation without exception.  While New York’s judicial circuit does not uphold this interpretation of the law, the circuit that Texas belongs to does.  Unbeknownst to Mr. Lemaine and his criminal lawyer, their “easy solution” plunged Mr. Lemaine into legal turmoil.  Mr. Lemaine, whose father is a United States Citizen, has been held in detention centers since he plead guilty to the drug possession charges and will likely be deported back to Haiti.  To further convolute the case, Mr. Lemaine’s first marijuana possession charge when he was a teenager was dismissed, but the Texas court is counting it as a conviction. 

Mr. Lemaine’s case shows why you always need to consult with a criminal defense attorney that is familiar with the intricacies of criminal law and can inform you of the possible repercussions and sentencing that will result from your actions.  The law can be very complicated which is why it is important to hire an expert in the field who will be able to defend you throughout the process.   In drug possession cases, there can be many different circumstances such as illegal search and seizure that will be cause for a case to be thrown out.  Perhaps if Mr. Lemaine had obtained an aggressive and diligent drug defense attorney, he would have fought the charges, had them dismissed, and would be continuing his life in the country that he has lived in since he was three.  No decision regarding a legal matter should be made without careful consideration and consultation. 

For more information regarding the prison break in story go to: http://www.msnbc.msn.com/id/36097269/ns/us_news/

For further information regarding Mr. Lemaine’s case and the legal consequences of drug possession for non-citizens go to: http://www.nytimes.com/2010/03/31/nyregion/31drug.html?hp

 There are numerous charges surrounding substance abuse including Driving Under the Influence of drugs or alcohol, Drunk and Disorderly Behavior, and Public Intoxication.  It is necessary to have an aggressive DUI attorney or criminal defense attorney who will carefully examine the details and circumstances of the drunk driving case and fight to minimize the penalties.

 Our criminal defense lawyers understand that clients are real people with real problems, and that substance abuse and addiction can be a difficulty a person struggles with every day.  Bad things happen to good people who are trying to make good choices each day for themselves and their families.  For example, on Tuesday former New York Mets pitcher Dwight Gooden was arrested for driving under the influence of drugs with a child in the car.  Gooden has had a long history of struggling with drug abuse.  It is terrible that Gooden endangered the life of his daughter and other drivers, but what is the root cause of this offense?  Gooden obviously needs continued drug counseling and rehabilitation, and a strong support network to help keep him clean and sober.  It is as important to seek help before putting yourself or someone else in danger as it is to continue rehabilitation and counseling after legal matters have been resolved.

For more information on Dwight Gooden’s case, go to: http://nbcsports.msnbc.com/id/36020572/ns/sports-baseball/

For more information on DUI’s and other substance related crimes go to: http://www.criminalattorneyusa.com/alcohol-offense-attorneys.aspx

For other “Bizarre Traveler Behavior” go to: http://www.bing.com/travel/content/search?q=Bizarre+Traveler+Behavior&cid=msn1135147&form=TRVCON&GT1=41000

The Obama administration’s new drug czar, Gil Kerlikowske, is trying to begin a shift in our nation’s perspective on drug offenses, from one of punishment and criminalization to one of treatment and rehabilitation. Our drug lawyers try and use this perspective in our clients’ defense. Drug possession is essentially the same as drug use. And drug use is an addiction that needs to be treated. You may have noticed there’s a buzz going around now about the possible legalization of marijuana. A few states have made it legal for medicinal purposes, but that is as far as it has gone. We’re now all asking the question, “What should we do about it? How far should we peel back?” This also has led to drug lawyers having to really understand the laws surrounding the legalization of marijuana.

Every day I encounter individuals who are in desperate situations. People are dealing with depression, broken marriages, health issues, psychological disorders, and the list goes on. After talking with most of these folks, I come away from the conversation thinking, “Here’s a good person who’s made some wrong decisions.” Or, “I can’t blame him for smoking pot after what he’s been through.” The simple truth is drugs like marijuana are illegal. You smoke pot, you break the law… But do these people belong in jail? It’s a tough answer; most of the time I’d say, “no.” Our criminal defense attorneys have seen this issue the way the new zcar now does for a long time. We are dealing with people who have addictions, health problems and bad habits that need breaking. The vast majority of “users” are not criminals. We strongly push for our clients to be introduced to treatment programs and alternative sentencing as a way to avoid jail and other harsh penalties that are regularly handed out to small-time drug users.

I’d like to see a continued change in the way we treat drug offenders, but especially those cases dealing with possession of a small amount of marijuana. I don’t condone drug use, but it is getting harder and harder to deny the benefits of marijuana for people who are dealing with specific mental or physical health issues. Our system at the very least needs to move away from jail and towards imposed fines, restrictions, treatment, and evaluations for those caught with marijuana. The drug offense attorneys at our firm are dedicated to fighting for you, alternatives to jail, and treatment programs. It’s important to me that everyone, at the very least, gets a chance to tell their story.

For more information on the War on Drugs visit http://www.druglibrary.org/Schaffer/LIBRARY/basicfax.htm.