Rhode Island DUI Lawyer, RI DUI, Criminal Defense Attorney, Domestic Assault & Battery, Personal Injury

Rhode Island Criminal Defense Attorney

S. JOSHUA MACKTAZ, Esquire

A Former Rhode Island State Prosecutor

with a concentration in Criminal Defense and Personal Injury Law

Cocaine Arrest and Defense - Rhode Island Lawyer

Rhode Island Cocaine Defense Attorney Joshua Macktaz provides aggressive and effective representation to individuals facing Cocaine or Crack cocaine related drug offenses in Rhode Island state and federal courts.

If you have been charged with possession, sale, delivery, or distribution of cocaine you need immediate representation by a skilled and experienced Rhode Island defense attorney.

As a former Rhode Island Special Assistant Attorney General from 1993-1997 Attorney Macktaz has extensive experience with felony Cocaine and Crack Cocaine possession, sale, and distribution cases as a prosecutor and has used that knowledge to successfully defend his private clients accused of cocaine and drug related offenses. Before becoming a private Rhode Island Defense Lawyer, Attorney Macktaz lectured in-coming police academy cadets as an AG Prosecutor on proper prosecutions. This unique experience has afforded Mr. Macktaz a wealth of knowledge not readily available to the average criminal defense attorney.

CONTACT Cocaine Arrest Defense Attorney Macktaz today for a free, initial consultation to discuss your case. I have the extensive Criminal law experience in the State of Rhode Island that will benefit you and your loved ones.

About a Cocaine Arrest in Rhode Island

Cocaine is listed under State of Rhode Island General Laws under Food and Drugs Chapter 21-28 as a Schedule II Controlled substance and carries with it the harshest of penalties for possession or distrobution of Cocaine or Crack Cocaine. Penalties and consequences are even more severe if someone is charged for a capital offense or a felony in which the use of force or violence is involved with distrobution of cocaine. Being arrested for or charged with cocaine distribution, sale, or delivery puts an individual in a very serious situation. Whether the law enforcement officers on your case are:

• Local police
• County Sheriff's department
• State Police, including the highway patrol
• FBI (the Federal Bureau of Investigation)
• DEA (the federal Drug Enforcement Administration)
• ICE (Immigration and Customs Enforcement, also a federal agency)
• The Coast Guard

- an individual facing state or federal cocaine distribution charges is in grave need of a highly competent criminal defense lawyer. The war on drugs will roll right over a defendant without legal representation.

Criminal law embodies the statutes defining criminal offenses, including how offenders are to be charged, tried, and punished. If you are facing criminal charges in Rhode Island such as narcotics or Cocaine possession, intent, sale, distribution, or delivery CONTACT Joshua Macktaz, a Rhode Island Defense Attorney today for a free, initial consultation to discuss your case.

Consequences for a Cocaine Arrest

As a Schedule II drug, cocaine is known to be highly addictive and extremely lucrative for drug dealers and traffickers. State and federal prosecutors are very eager to show that they're putting away a lot of people involved in cocaine distribution.

According to the DEA, there were more than 11,400 federal cocaine offenders in the U.S. courts in 2006 alone. More than 97 percent of these offenders were in court facing cocaine distribution charges. The federal system is very tough on individuals and organizations that are alleged to have engaged in cocaine manufacture, import, and distribution/sales/trafficking; the potential prison sentences and fines can be ruinous.

Factors That Affect Your Case

If you have been charged with cocaine distribution, your defense lawyer can tell you about the state drug laws and what you can expect to face as penalties if you're convicted. Rhode Island State laws for Cocaine are very stringent but the factors that commonly affect the severity of the penalties in both the state and federal systems are:

• how much cocaine was allegedly involved
• whether it was powder cocaine or crack cocaine
• whether you are a minor or an adult
• whether any minors (persons under 18) were involved in the alleged incident(s)
• whether the alleged distribution took place near a school or university
• whether any person was seriously injured or killed
• whether this is a first cocaine distribution offense for you
• any prior criminal history you possess

The potential penalties for cocaine distribution include significant prison time (including life sentences), high fines (up to millions of dollars), and forfeiture of your personal property and real estate.

Rhode Island Penalties for Posession or Distrobution of Cocaine are as follows:

Rhode Island Legal Code Section 21-28-4.01, et seq. (Summary)

Possession of Cocaine

• Nolo contendere pleas: 100 hrs. community service and drug education program;
• Up to 1 oz.: 3 yrs. in prision and/or $500 to $5000;
• 1 oz.-1 kg.: 10-50 yrs. in prision and/or $10,000-$50,000;
• Over 1 kg.: 20 yrs. to life in prision and $25,000 to $1,000,000

Sale of Cocaine

• Person not drug dependent: life in prision and/or $10,000 to $500,000;
• Drug dependent: 30 yrs. in prision and or $3000 to $100,000;
• 1 kg.: minimum 10-50 yrs. in prision and/or $10,000 to $500,000;
• Over 1 kg.: 20 yrs.-life in prision and/or $25,000-$1,000,000;
• Sale to minor or 3 yrs. junior: minimum 15 yrs. in prision and up to $500,000;

Within 300 yds. of a school: double penalties

You Need an Aggressive Criminal Attorney

No matter what cocaine distribution or possession charges you're facing, Rhode Island Defense Attorney Macktaz will fight to minimize the negative outcome of your case ─ negotiating with the prosecutor to get your charges reduced or dismissed, interviewing witnesses and pursuing a thorough investigation of your case. Your attorney's most critical job is to protect and uphold your constitutionally guaranteed rights at every step in the legal process, including your right to:

• be presumed innocent until proven guilty
• have Attorney Macktaz present when you are questioned by law enforcement agents or a prosecutor
• get a trial in a timely manner

CONTACT Cocaine Arrest Defense Attorney Macktaz today for a free, initial consultation to discuss your case. I have the extensive Criminal law experience in the State of Rhode Island that will benefit you and your loved ones.

Successful Rhode Island Cocaine Criminal Case Defenses by Attorney Macktaz

Criminal Charges:

Possession with Intent to Deliver Cocaine; Possession of Cocaine between One Ounce and One Kilogram

Police Report:

The police respond to a report of a domestic assault between my Client and her boyfriend. Upon arriving at the home, police report that they observe Client entering her motor vehicle in an attempt to leave the area. As police approach the vehicle to investigate the report of domestic assault, police observe a large bag containing a white powdery substance in plain view in center console of the motor vehicle. The substance later tested positive for cocaine, and weighed approximately three (3) ounces.

Result:

JURY VERDICT OF NOT GUILTY

Contact Rhode Island Cocaine Defense Lawyer Joshua Macktaz by Email or call today at (401) 861-1155 and we will respond to you as soon as possible.

Related and Useful Information about Cocaine Laws and Charges in Rhode Island

• National Drug Intelligence Center - Rhode Island Drug Threat Assessment for Cocaine
• Rhode Island Schedule I & II Drugs - Section B - Schedule II (4) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, derivative, or preparation which is chemically equivalent or identical with any of these substances, except that the substances shall not include decocainized coca leaves or extraction of coca leaves, which extractions do not contain cocaine or ecgonine.
• Cocaine and Schedule I and Schedule II Penalties for Rhode Island
• Bail Laws for State of Rhode Island
• DEA Briefs & Background, Drugs and Drug Abuse, State Factsheets, Rhode Island
• US Cocaine laws - Information on the law about Cocaine
• Caught.net - The public list of judicial misconduct, prosecutorial misconduct, legal misconduct, ethics violations and civil rights violations in Rhode Island and elsewhere

Other Drug and Narcotic Offenses

Each state and the federal government have laws against the unlawful use, manufacture, and distribution of drugs. The purpose of these laws is to reduce the unlawful consumption of drugs, reduce drug-related crimes, and severely punish repeat offenders and major drug dealers.

Drug Schedules

Federal drug statutes classify controlled substances according to "schedules." The Attorney General has the authority to delete, add or reschedule substances. State schedules refer to or are based on federal schedules. Drugs included on these schedules are referred to as "Controlled Dangerous Substances" ("CDSs").

Punishment

Ultimate punishment for drug crimes generally depends on:

• The quantity of the drug.
• Its classification under the schedules.
• The purpose of its possession.

The most serious drug crimes are:

• Producing illegal drugs
• Manufacturing drugs
• Selling drugs

For example, a person "dealing" (selling) five or more ounces of heroin or cocaine can be jailed for more than 10 years.

Possession of drugs with the intent to distribute them is also a serious crime.

Prosecutors can prove your intent to distribute drugs just by showing the quantity of the drug, without any evidence that you actually distributed the drug.

In most states, possession of drugs for personal use is a serious crime. But in some states, possession of drugs for personal use is punished less severely than distribution crimes. For example, in some states, possession of a small amount of marijuana (less than 50 grams) is decriminalized or treated as a disorderly person's offense. A person convicted of a disorderly person's offense is generally not imprisoned, but may be placed on probation or ordered to pay a fine. However, possession of a larger quantity of marijuana or other drug, even if for personal use, is treated as a serious crime.

Enhanced Punishment

Some states have enhanced penalties for drug crimes. These penalties go into effect if:

• Minors are used to distribute the drugs
• The drugs are delivered or sold to minors; or
• The drugs are sold or distributed on school property.

Enhanced punishments vary from state to state. You may also be in danger of "forfeiting" your property if you're convicted of a drug crime. For example, if your house is used to make and distribute drugs, the government may be able to seize your house.

Professional Drug Dealers

Special laws cover professional drug dealers. A "drug kingpin," or a person organizing, financing, or managing a business to manufacture, transport or sell drugs, commits a serious crime. Special sentences are reserved for professional drug dealers. The federal government has the death penalty for drug kingpins. Some states impose 25 years imprisonment without parole for professional drug dealers.

Contact Rhode Island Drug and Narcotic Offenses Lawyer Joshua Macktaz by Email or call today at (401) 861-1155 and we will respond to you as soon as possible.

Juvenile Offenses

If your child is in criminal trouble, you'll want to learn as much as you can about the juvenile justice process.

It's best to hire a lawyer to represent your child as soon as possible after you learn of the problem.

Remember, however, that the attorney represents the child and not the parent.

Arrest and Booking

If your child is taken into custody, he or she will likely be booked at the police station. Booking involves logging in his or her name and the reason for the arrest in police records. Your child's photo will be taken and he or she will be fingerprinted.

Police Questioning

Statements made to law enforcement personnel during questioning can be held against your child.

Your child has the right to tell police he or she doesn't wish to speak with them. As a parent, you may also tell the police your child doesn't want to talk with them until you can find a juvenile attorney to represent your child during questioning.

Police Custody and Detention

Your child may be released into your custody pending a hearing, or detained in a juvenile facility for a short period of time.

Federal regulations prohibit holding juveniles in adult jail settings. Under federal standards, a child cannot be detained for longer than six hours in an adult jail setting, and must be kept in an area that is out of sight and sound of adult inmates.

Your child cannot be held very long in a juvenile detention facility without a detention hearing. The judge will review your child's case and decide whether your child should continue in juvenile detention.

Diversion

Your child may be "diverted" into community rehabilitation programs or sent to counseling or social services organizations, without having to enter the juvenile justice system.

In some communities, juvenile offenders are sent to a "youth accountability board," sometimes called a "community accountability board," where community residents decide how the child can best be rehabilitated.

The Juvenile Justice Process

Each state's juvenile case processing is different, but generally you can expect the following:

• Intake. The prosecutor's office or juvenile probation department will decide whether to dismiss or divert the case or request formal intervention by the juvenile court.
• Consent Decree. If the case is to be dismissed, your child may have to agree to conditions such as curfews, victim restitution and counseling, written into a formal court agreement called a "consent decree." Usually, your child will have to admit to doing the offending act in order to be eligible for a consent decree disposition. Your child will then likely be monitored for a period of time by a probation officer.
• Fitness Hearing. The juvenile court judge will decide whether your child is fit to be tried, and whether the case should be held in juvenile court or adult criminal court. In many states, prosecutors are required to file serious juvenile cases such as murder and other felonies in criminal court. Prosecutors may also request a transfer to adult criminal court where your child has been in juvenile court previously and intervention or diversion efforts haven't worked.
• Adjudicatory Hearing. This is a trial at which witnesses are called and lawyers argue both sides of the case. In most states, the hearing is in front of a judge rather than a jury.
• Disposition Plan. If your child is found delinquent (guilty) at the end of the adjudicatory hearing, probation officers will investigate your child, often ordering psychological exams and diagnostic testing. Probation officers will present detailed recommendations to the judge.
• Disposition Hearing. The judge decides whether your child should be required to undergo drug counseling, confinement in juvenile detention, reimburse the victim (called restitution) or be on probation for a length of time.
• Probation Review Hearings. Probation officers will monitor your child's progress and report any probation violations to the judge.
• Case Termination. After your child has successfully completed all the requirements of probation, the judge will dismiss the case.

Contact Rhode Island Juvenile Offenses Lawyer Joshua Macktaz by Email or call today at (401) 861-1155 and we will respond to you as soon as possible.

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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. Also, the Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.