Crimes Involving Substances

Crimes involving substances are a significant problem in the United States, affecting individuals, families, and communities nationwide. Substance-related crimes can range from drug possession to driving under the influence to drug trafficking and can carry serious legal consequences for those accused. According to the National Center for Drug Abuse, drug-related crimes account for many arrests and incarcerations in the United States. In 2020, over 1.16 million drug-related arrests were made, representing more than 80 percent of all arrests for drug offenses. 

If you or someone you know has been accused of a crime involving substances, it is crucial to understand the different types of crimes that fall under this category. In this detailed list, we will outline the various crimes involving substances, including drug possession, drug trafficking, drug manufacturing, driving under the influence, and more. By understanding the different types of substance-related crimes, individuals can make informed decisions about defending themselves in court and navigating the legal system.

Drug Possession

A drug possession charge involves possessing illegal drugs or controlled substances for personal use or distribution. Possession can be actual, meaning the drugs are physically on the person, or constructive, meaning the person has control over the drugs even if they are not physically on them.

The severity of drug possession charges depends on the type and quantity of the drug and the individual's criminal history. Possession of small amounts of drugs may result in misdemeanor charges, while possession of more significant amounts or repeat offenses can result in felony charges.

Burden of Proof for Defense

There are several strategies that a defense attorney may use to try to prove that a defendant is innocent of a drug possession charge, depending on the specific circumstances of the case, including challenging the legality of the search and seizure, claiming that the drugs do not belong to the defendant, and challenging the validity of the drug test. In some cases, the defense may argue that the drugs were planted on the defendant to incriminate them or obtained through entrapment.

Burden of Proof for Prosecution

The prosecution must present evidence that shows beyond a reasonable doubt that the defendant knowingly possessed the drugs or controlled substances. 

The prosecution may present physical evidence, such as drugs or drug paraphernalia, found in the defendant's possession or in a location accessible to the defendant. The prosecution may also call witnesses, such as law enforcement officers or individuals who observed the defendant possessing drugs, to testify in court. If the defendant agrees to a drug test, the prosecution may use the drug test to show that the defendant had illegal drugs in their system at the time of the arrest or during a subsequent drug test.

Drug Trafficking

Drug trafficking is a serious criminal offense that involves the production, distribution, transportation, and sale of illegal drugs or controlled substances. Drug trafficking is typically associated with large-scale operations involving drug movement across state or national borders. Still, it can also refer to more minor operations that involve the sale of drugs within a local community.

The severity of drug trafficking charges depends on the type and quantity of drugs involved and the individual's criminal history. However, drug trafficking charges can result in severe penalties, including lengthy prison sentences and significant fines.

Burden of Proof for Defense

Similar to how the defense might structure its argument in a drug possession charge, it might try to challenge the legality of the search and seizure. The Fourth Amendment of the US Constitution protects individuals from unreasonable searches and seizures. If law enforcement officers obtained evidence through an illegal search or seizure, the defense attorney may argue that the evidence should be suppressed and cannot be used against the defendant in court. 

The defense may also argue that the defendant is innocent by arguing that the defendant did not have knowledge of the drugs or that they did not intend to sell the drugs. 

Burden of Proof for Prosecution

For a defendant to be convicted of drug trafficking, the prosecution must prove beyond a reasonable doubt that the defendant produced, distributed, transported, or sold illegal drugs or controlled substances.

The prosecution may use several strategies to achieve this goal, including presenting physical evidence such as drugs, drug paraphernalia, and cash in the defendant's possession or calling witnesses who observed the defendant engaging in drug trafficking. The prosecution might also use wiretaps or surveillance footage to provide evidence or call upon expert witnesses to give testimony on the nature of the drugs involved in the case.

Driving Under the Influence

Driving Under the Influence (DUI) is a criminal offense that occurs when a person operates a motor vehicle while under the influence of alcohol or drugs. A person is legally intoxicated in most jurisdictions if their blood alcohol concentration (BAC) is 0.08% or higher. However, in some cases, a person can be charged with DUI even if their BAC is below the legal limit if the prosecution can show that the person's ability to drive was impaired by alcohol or drugs. 

Penalties for driving under the influence vary depending on the jurisdiction and the severity of the offense. Still, they can include fines, license suspension, community service, mandatory drug or alcohol treatment programs, and even jail time. In addition, repeat offenders and those who cause accidents or injuries while driving under the influence may face more severe penalties.

Burden of Proof for Defense

The defense may challenge the legality of the traffic stop or the accuracy of the breathalyzer or blood test to prove that the defendant is innocent of a DUI charge. Under the Fourth Amendment, if the police did not have probable cause to stop the defendant's vehicle, any evidence obtained from the stop can be suppressed in court. Similarly, the defense may argue that the breathalyzer or blood test used to determine the defendant's BAC was not correctly calibrated or administered, leading to inaccurate results.

Additionally, the defense can argue that the defendant's behavior, such as slurred speech or poor coordination, was not caused by alcohol or drugs but rather by another medical condition or external factor.

Burden of Proof for Prosecution

The prosecution must prove beyond a reasonable doubt that the defendant was driving under the influence of alcohol or drugs at the time of the offense. The prosecution may present evidence of the defendant's BAC to demonstrate that the defendant was above the legal limit at the time of the offense to do so. In addition, if available, the prosecution will likely present video evidence, such as footage from a police dashboard or surveillance camera, to demonstrate the defendant's behavior and level of impairment at the time of the offense. 

Witness testimony may also be used. For example, the prosecution may call upon witnesses who observed the defendant's behavior, such as law enforcement officers conducting field sobriety tests or seeing the defendant driving erratically. 

Public Intoxication

Public intoxication is a crime that involves being visibly drunk or under the influence of drugs in a public place to the extent that one’s behavior is deemed a threat to their own safety or the safety of others. The specific definition and penalties for public intoxication vary by jurisdiction.

Public intoxication is generally considered a misdemeanor offense, punishable by a fine, community service, or short-term imprisonment. This law intends to discourage individuals from engaging in public behavior that can endanger themselves or others.

However, it is essential to note that not all public intoxication instances will result in a criminal charge. The police must have probable cause to believe that an individual is a danger to themselves or others. As a result, individuals may sometimes be taken to a sobering center or hospital instead of being arrested.

Burden of Proof for Defense

If a defendant has been charged with public intoxication, their defense attorney may use several strategies to prove their innocence, including lack of intoxication, no public place, and unlawful arrest. 

First, the defense may argue that the defendant was not intoxicated during the alleged offense. They may provide evidence such as witness testimony or medical records to support this claim. 

The defense might also argue that the defendant was not in a public place when they were allegedly intoxicated. For example, they may say that the defendant was on private property or in an area that was not accessible to the public. 

Lastly, the defense may argue that the defendant was arrested without probable cause or violated their rights during the arrest. They may seek to have evidence obtained during the arrest suppressed or dismissed.

Burden of Proof for Prosecution

In a public intoxication case, the prosecution will need to prove the following elements beyond a reasonable doubt to secure a guilty conviction:

• Intoxication: The prosecution must prove that the defendant was intoxicated during the alleged offense. This can be done through evidence such as eyewitness testimony, breathalyzer or blood test results, or the defendant's behavior during the arrest.

• Public Place: The prosecution must prove that the defendant was in a public place when they were allegedly intoxicated. This can be done through evidence such as surveillance footage or witness testimony.

• Disorderly Conduct: The prosecution must prove that the defendant's intoxicated behavior was disorderly or created a disturbance. This can be done through evidence such as police reports or witness testimony.

Prescription Drug Fraud

Prescription drug fraud involves illegally acquiring, distributing, or using prescription drugs. It can take several forms, including:

• Prescription forgery: Forging or altering a prescription or using a stolen prescription pad to obtain prescription drugs.

• Doctor shopping: Visiting multiple doctors to obtain prescriptions for the same drugs, to abuse or sell the medication.

• Illegal distribution: Selling or distributing prescription drugs from a pharmacy, hospital, or individual.

• Prescription drug theft: Stealing prescription drugs from a pharmacy, hospital, or individual.

• Insurance fraud: Filing false insurance claims or providing incorrect information to obtain prescription drugs.

The penalties for prescription drug fraud vary depending on the specific offense, the amount of drugs involved, and the jurisdiction. However, prescription drug fraud is a felony offense and can result in significant prison time and fines.

Burden of Proof for Defense

If a defendant has been charged with prescription drug fraud, their defense attorney may use several strategies to prove their innocence, including lack of intent, lack of knowledge, or by arguing that the defendant had a valid prescription for the medication.

For lack of intent, the defense may argue that the defendant did not intend to commit fraud and that any illegal activity resulted from a mistake or misunderstanding. Similarly, a lack of knowledge defense may argue that the defendant was unaware that their actions constituted fraud or that they were misled by someone else.

Burden of Proof for Prosecution

The prosecution must prove the following elements beyond a reasonable doubt to secure a guilty conviction:

• Illegal Activity: The defendant engaged in illegal activity, such as forging prescriptions, doctor shopping, or distributing prescription drugs.

• Knowledge: The defendant knew that their actions were illegal.

• Intent: The defendant intended to commit fraud, such as obtaining prescription drugs for non-medical purposes or selling them for profit.

The prosecution may provide documentary evidence, such as pharmacy or medical records, or call witnesses, including pharmacists or doctors, who can testify to the defendant's illegal activity to prove these elements. 

Drug Manufacturing

Drug manufacturing is a crime that involves the production or cultivation of illegal drugs or controlled substances, such as cocaine, heroin, and methamphetamine. It includes any activity related to the creation, processing, or distribution of illegal drugs, including:

• Growing or cultivating illegal plants, such as marijuana or poppy plants, to produce drugs.

• Manufacturing or synthesizing drugs in a laboratory or other controlled environment, such as a meth lab.

• Compounding drugs illegally by mixing or altering legal drugs to produce illegal ones, such as making fake prescription drugs.

The specific penalties for drug manufacturing vary depending on the type and amount of drug involved and the jurisdiction where the crime was committed. However, drug manufacturing is generally treated as a felony offense and is prosecuted aggressively.

Burden of Proof for Defense

The defense may try to prove the defendant's innocence using multiple strategies, including lack of knowledge or intent, a challenging chain of custody, or claiming entrapment.

First, the defense may argue that the defendant was unaware of the manufacturing of drugs or did not intend to manufacture drugs. This defense may work if the prosecution cannot prove that the defendant had the knowledge or intent to manufacture drugs.

Second, the defense may try to challenge the chain of custody of the drugs, meaning they question how the evidence was collected, stored, and transported. The defense may argue that the evidence was contaminated or tampered with, which could cast doubt on the prosecution’s case. 

Lastly, the defense may argue that law enforcement coerced or pressured the defendant to engage in drug manufacturing. This defense will only work if the defendant was not predisposed to commit the crime and only did so because of law enforcement’s pressure.

If none of these defense strategies can be used for the defendant’s specific circumstances, the defense may argue that the evidence was obtained through illegal search and seizure, violating the defendant’s Fourth Amendment rights. 

Burden of Proof for Prosecution

The prosecution may try to secure a guilty conviction by presenting various evidence. This can include physical evidence that proves the defendant was involved in the manufacturing of drugs, such as drug paraphernalia or the equipment used to make the drugs, and witness testimony. Witnesses may include co-conspirators, informants, or others who know the defendant's activities. 

If available, the prosecution may use surveillance footage to show that the defendant was involved in the manufacturing of drugs and, therefore, guilty of the crime. For example, surveillance footage may show the defendant entering and leaving a location where drugs were being manufactured or carrying equipment used to manufacture drugs.

Possession of Drug Paraphernalia

Possession of drug paraphernalia is a crime involving possessing any items or materials that are used, intended for use, or designed for use in the production, ingestion, or consumption of controlled substances. Drug paraphernalia may include pipes, bongs, syringes, rolling papers, and other equipment used to consume or distribute drugs.

The specific definition and penalties for possession of drug paraphernalia vary depending on the state and jurisdiction in which the crime is committed. Some states have taken a more progressive approach to drug laws, while others have maintained a more traditional, punitive approach. This has resulted in significant differences in the penalties and consequences for possession of drug paraphernalia across the United States.

In Oregon, for example, possession of drug paraphernalia is considered a civil violation and is punishable by a fine of up to $500. The state also allows for drug treatment and diversion programs for first-time offenders. Furthermore, in 2017, Oregon decriminalized the possession of small amounts of drugs, including cocaine, heroin, and methamphetamine, making it a violation subject to a fine rather than a criminal offense.

In contrast, in Texas, possession of drug paraphernalia is a criminal offense, punishable by a fine of up to $2,000 and up to one year in jail. Moreover, Texas is known for having some of the strictest drug laws in the country, and possessing any amount of illegal drugs is considered a criminal offense, with penalties ranging from a misdemeanor to a felony, depending on the amount and type of drug.

As penalties can vary significantly from state to state, it is crucial to research state-specific laws.

Burden of Proof for Defense

The defense may try to prove the defendant’s innocence in various ways, including challenging the evidence presented by the prosecution or arguing that the evidence was obtained through an unlawful search and seizure, violating the defendant’s Fourth Amendment rights. 

The defense may also try to argue that the defendant did not know that the items were drug paraphernalia or that the defendant did not have control over the items. For example, the defendant may have borrowed someone else's car, and drug paraphernalia was found there.

In addition, the defense may argue that the items in question were used for medical purposes, such as a syringe for insulin injections or a pipe for smoking medical marijuana.

Burden of Proof for Prosecution

The prosecution has several strategies to secure a guilty conviction in a possession of drug paraphernalia case. The prosecution may present physical evidence of drug paraphernalia, such as pipes, bongs, syringes, rolling papers, or other equipment used to consume or distribute drugs. The prosecution may also call upon expert witnesses, such as forensic scientists or police officers, to testify about the use and intended purpose of the drug paraphernalia. 

In addition, if the defendant has prior convictions for drug-related offenses or possession of drug paraphernalia, the prosecution may use this information to argue that the defendant has a pattern of illegal behavior. 

Substance-related Theft

Substance-related theft is a type of crime where a person steals or illegally obtains drugs or other substances that are regulated by law. This can include controlled substances like opioids, stimulants, or depressants and other substances like alcohol, tobacco, or prescription medications. 

Theft of these substances is considered a crime because they are regulated by law and require a prescription or special license to obtain legally. In some cases, the theft of these substances can also involve fraud or deception, such as forging a prescription or using false identification to obtain the substances.

Burden of Proof for Defense

The defense can use various strategies to prove the defendant's innocence, including lack of knowledge, intent, and mistaken identity. 

The defense might claim that the defendant believed the substance was a legitimate prescription or that they were unaware that the medication was stolen to prove that the defendant did not have the knowledge or intent to commit the crime. The defendant might also claim that they found the substance and intended to turn it into the authorities or that they were coerced or misled into obtaining the substance.

To justify a case of mistaken identity, the defense might argue that the defendant was wrongly accused of the crime and that someone else was responsible for the theft. 

Lastly, the defense might argue that the prosecution has not presented enough evidence to prove the defendant's guilt beyond a reasonable doubt. For example, the defense might claim that there is no direct evidence linking the defendant to the theft or that the prosecution's evidence is circumstantial or unreliable.

Burden of Proof for Prosecution

The prosecution may use several strategies to secure a guilty conviction in a substance-related theft case. First, the prosecution may rely on eyewitness testimony from individuals who saw the defendant steal or attempt to obtain the substance. In addition, the prosecution may present forensic evidence that links the defendants to the substance in question. For example, DNA, fingerprints, or other physical evidence might connect the defendant to the crime scene or the stolen substance. 

Even if there is no direct evidence of the theft, the prosecution may use circumstantial evidence to build a case. This could include proof of the defendant's motive, opportunity, or access to the stolen substance and any suspicious behavior or actions that suggest the defendant was involved in the theft.

Substance-related Assault

Substance-related assault is a type of crime in which a person uses drugs or other substances to intentionally or recklessly cause harm to another person. This can include physical violence, sexual assault, or other forms of abuse that are facilitated by the use of drugs or alcohol. 

This crime can involve a range of substances, including alcohol, illicit drugs like cocaine or methamphetamine, prescription medications, and even over-the-counter medications like cough syrup or painkillers. These substances can impair judgment, reduce inhibitions, and increase the likelihood of aggressive or violent behavior. 

In many cases, substance-related assault is charged as a separate offense from other types of assault or battery. However, it may be punished more severely due to the aggravating factor of substance use. Depending on the severity of the offense and the jurisdiction in which it occurred, substance-related assault may be classified as a misdemeanor or felony. In addition, it may carry significant fines, probation, or imprisonment as a penalty. 

Burden of Proof for Defense

There are several strategies that a defense attorney might use to prove that the defendant is innocent of a substance-related assault charge. The most common methods include lack of intent, insanity or mental illness, and false accusations. 

The defense might argue that the defendant did not intend to cause harm to the victim and that any injuries were accidental. For example, the defense might claim that the defendant was unaware of the effects of the substance they consumed or that they acted in self-defense.

The defense might argue that the defendant was not in control of their actions due to a mental illness or psychological condition to claim insanity or mental illness. For example, the defense might claim that the defendant had a drug-induced psychosis or a history of mental illness contributing to their behavior.

Lastly, the defense might argue that the defendant was falsely accused of the assault and that there is insufficient evidence to prove their guilt beyond a reasonable doubt. For example, the defendant might claim that the victim misidentified the defendant or that no physical evidence links the defendant to the assault.

Burden of Proof for Prosecution

The prosecution in a substance-related assault case will typically try to secure a guilty conviction by presenting various evidence, including eyewitness testimony, medical evidence, and toxicology evidence. 

Eyewitness testimony can be powerful evidence in a criminal trial, especially if the witness is credible and provides a detailed account of the events. For example, the prosecution may rely on eyewitness testimony from individuals who saw the assault occur or observed the defendant's behavior before or after the assault.

If the victim suffered physical injuries due to the assault, the prosecution might present medical evidence documenting the extent and severity of the damages. This could include photographs, medical records, or testimony from medical professionals who treated the victim. 

Lastly, if the defendant was under the influence of drugs and alcohol at the time of the assault, the prosecution may present toxicology evidence that demonstrates the presence of the substance in the defendant’s system. This could include blood tests, urine tests, or other forms of chemical testing. 

Legal Resources for Defendants

There are many resources available to help defendants who have been accused of a crime involving substances. The resources listed below can provide legal representation, education, and support to help defendants understand their rights, defend themselves in court, and navigate the complex legal system. Whether you are looking for a legal aid society, substance abuse treatment program, or support group, many resources are available to help you through this challenging time. 

Substance Abuse Treatment Programs

A substance abuse treatment program can be a valuable resource for individuals accused of a crime involving substances. By addressing the underlying issues that may have led to their criminal behavior and developing coping skills and support networks, individuals can increase their chances of achieving a positive outcome in their case and long-term recovery from substance abuse. 

The Substance Abuse and Mental Health Services Administration (SAMHSA) maintains an online directory of substance abuse treatment programs across the United States. The Treatment Locator allows you to search for programs by location and type of treatment.

Legal Aid Societies

Legal aid societies can provide free or low-cost legal representation to individuals who cannot afford to hire a private attorney, therefore helping to ensure that individuals have access to legal counsel and representation throughout their cases. These organizations can also offer legal advice, including information about their rights, the legal process, and the potential outcomes of their case.

The Legal Services Corporation (LSC) is a national legal organization that provides funding and support to legal aid organizations across the United States. In addition, the LSC maintains an online directory of legal aid organizations, searchable by state, country, or zip code.

Support Groups

There are several support groups available to individuals who have been accused of a crime involving substances. These groups provide a safe and supportive environment where individuals can share their experiences, receive emotional support, and learn coping skills to help them overcome their challenges. 

• Alcoholics Anonymous (AA): AA is a 12-step program that supports individuals who struggle with alcohol addiction. The program is free and open to anyone who wants to stop drinking.

• Narcotics Anonymous (NA): NA is a 12-step program that supports individuals who struggle with drug addiction. The program is free and open to anyone who has the desire to stop using drugs.

• Smart Recovery: Smart Recovery is a self-help program focusing on cognitive behavioral therapy techniques to help individuals overcome addiction. The program is free and open to anyone recovering from addiction.