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Archive for September, 2011

RCW 66.44.270 (2) (a) makes it unlawful for a person under 21 to possess or consume alcohol. This charge is commonly referred to as minor in possession or MIP. Conviction for MIP may result in imprisonment, loss of license and fines of health. Law enforcement often make the mistake of thinking that the law allows them to arrest and charge a minor if the minor showing signs of having consumed alcohol. As we shall see, this is incorrect.

Pure alcohol in your system is not sufficient to prove the MIP

Court of the State V. Roth, 131 Wn. App. 556 (2006) addressed the question of whether the evidence showing any signs of having consumed alcohol was sufficient to justify a conviction under RCW 66.44.270 (2). In Roth, the defendant worked 20 years at a party where alcohol was present. No one saw accused of drinking alcohol, but when the police contacted Mr. Roth they noticed he was swaying and exuding a strong odor of alcohol coming from his breath, so they issued a ticket for MIP. Mr. Roth was subsequently convicted in municipal court MIP.

On appeal, Roth Court reversed the conviction Defendant for lack of evidence. Roth the Court:

The defendant possesses a controlled substance, when he knows that the presence of the substance, the substance is readily available, and the defendant exercised dominion and control over substance. State v. Hornaday, 105 Wn.2d 120, 125, 713 P.2d 71 (1986). Possession may be actual or constructive. State v. Dalton, 72 Wn. Of the application. 674, 676, 865 P. 2d 575 (1994). The accused was in possession of a substance should be determined by the trier of fact in all circumstances. State v. Partin, 88 Wn.2d 899, 906, 567 P. 2d 1136 (1977). The mere presence of alcohol in your system is not enough by itself to justify a conviction. Dalton, 72 Wn. Of the application. at 676. However, if consumer testing before it is combined with other corroborating evidence may be sufficient to prove possession beyond a reasonable doubt. Identification No single factor is determinative of the existence of domination and control. State v. Turner, 103 Wn. Of the application. 515, 521, 13 234 P.3d (2000). Emphasis.

This means that a minor charged under MIP should be able to get the case thrown out of court before trial, unless there is more evidence to prove possession. If you find yourself or a loved one charged with MIP based solely on the odor of alcohol, you should talk to a lawyer immediately to have the case dismissed.

The federal government has made a classification of different drugs, and although the laws vary in different states, federal law will almost always take precedence. The majority of drug offenses is the Schedule I and II of the list of medicines. Checked rule makes the sale and use of all drugs in the United States. The Federal Drug Administration, and various other entities to help classify all categories of drugs, depending on how they are used and how they work.

Schedule I Drugs-These drugs have a strong tendency to abuse, and are not approved for medical use at any time. This category includes drugs such as marijuana, heroin, ecstasy, LSD and GHB. Recent protesters have tried to make marijuana a legal drug, because it is “medical benefit”. Pharmacies do not sell a Schedule I drug, and are also not available for prescription.

Schedule II drugs, as the first group, this program is also a strong tendency to abuse. Schedule II drugs are some accepted medical use, but can cause dependence with continued use. This group includes drugs such as cocaine, opium, morphine, fentanyl, amphetamine and methamphetamine. The program for the drugs are only available on prescription, but not all pharmacies to fill prescriptions. These drugs require strict data retention guidelines and specific measures.

Appendix III-This class of drugs have a downward trend and abuse have accepted medical use. This category includes drugs such as anabolic steroids, codeine, ketamine and hydrocodone with aspirin. These medications are available by prescription, but not all pharmacies will carry them.

Appendix IV-This class of drug abuse tends very low and a slight chance of addiction. This category includes drugs such as Valium, Xanax, Rohpnol (often called “date rape” drug). Like the others, this fabric is available with a prescription and are not always available in pharmacies.

Appendix V-This category tends to lower all forms of abuse and dependency rates the lowest. Schedule V drugs are cough suppressants with codeine. These are normally governed by the store and do not require a prescription of any kind.

These categories are usually only based on a judge to consider when thinking about the offense. Almost none of the drug offenses that occur are the bottom three at all times.

In the U.S., every state and federal government own system of classification of crimes within its own legal code. But in most cases, crimes are generally divided into the same direction.

The first classification is between the crimes and misdemeanors. Offenses are more serious crimes, which may be imposed state prison jail for over a year, or a very serious crime, and death.

Crimes are misdemeanors punishable by imprisonment of less than one year in jail.

Inside, two separate offenses and violations, crimes are divided by gravity of the offense.

For example, a class of a crime the most serious offense and is liable to imprisonment not exceeding one year and a fine of an amount that varies from state to state.

Class B offenses vary greatly, but generally they are not punished with prison terms exceeding 180 days.

Class C crimes are usually not given a custodial sentence, but carry fines.

In class, crime, the most serious crimes, such as first-degree murder, known as capital crimes. Capital crimes in jurisdictions where the death penalty could bring the death penalty or life imprisonment.

First-degree felony punishable by imprisonment for not less than five years to life.

Crime of second degree may be sentenced to imprisonment for not more than 20 years, and at least 2 years.

Third degree crimes are punishable by imprisonment for not more than 10 years and not less than two years.

The obvious question is, what determines whether a particular crime is a category or another? The answer is a combination of state laws prohibiting such offenses, past offenses and mitigating or aggravating circumstances.

The Penal Code, for example, that the power to classify causes of death in another part of the different types of offenses, depending on whether the death was intentional or caused by the heat of passion. Theft and robbery can be classified according to the number of theft and if the deadly weapon used in crime.

The defendant’s criminal defense attorney can present the factors that may mitigate the severity of the crime, showing things like a terrible childhood marked by abuse and neglect, for example. If these factors are taken, the offense may be lessoned or moved downward from a higher class of the lower class.

Other mitigating factors may be to prove that the victim had caused injury to the defendant that the trial of the accused was affected through no fault of theirs, or that the accused’s actions were completely out of his normal personality ( is what is intended when the defense presented witnesses character to show that the defendant was a normal citizen and peaceful law-abiding).

On the other hand, prosecutors present evidence of aggravating circumstances, which may increase or move the offense up to a year. These aggravating factors could be to show that the victim was a minor, the defendant used a deadly weapon to commit the crime that the accused intended to commit a sexual assault, robbery, or that the defendants’ conduct was particularly heinous or depraved.

The last defendant criminal history is also taken into account. A first time offender may receive a lower classification as a habitual criminal convicted of the same crime could receive a harsher sentence because of his crime described as having a more serious crime.