There are many state laws covering drug trafficking. Generally, the more powerful and addictive the drug involved – like heroin and cocaine – and the higher amounts that were trafficked, convictions carry stiffer sentences. These drug charges range from the most severe felony, class A, to one with a lesser maximum sentence, class C. The maximum jail time for distributing these drugs range from five to 20 years.
Hawaii law covers illegal drugs, the chemical compounds they’re made of, and legal drugs used in uncontrolled ways without prescriptions. There are also specific laws covering marijuana and methamphetamine trafficking, where drugs are trafficked, and whether children are involved in selling them.
Promoting a controlled substance near, in, or on public parks, schools, school vehicles, or public housing projects or complexes is a class C felony under Haw. Rev. Stat. §712-1249.6.
This is committed when a person knowingly distributes a controlled substance in any amount:
Promoting a controlled substance with a minor is a class B felony under Haw. Rev. Stat. §712-1249.7. It’s committed when someone 18 years old or older knowingly hires, employs, persuades, uses, entices, coerces, or induces a minor to help with the illegal distribution of a controlled substance. It becomes a class A felony if the crime happens on, in, or near the school, school vehicles, or public park.
Michael was co-counsel representing a maritime worker that was injured when a negligent employee struck him in the head with a bell hammer attached to a crane. Pre-trial offer was $0.00.
SR v. TS, et al. – I represented an elderly client that was the injured and was the victim of fraud and theft by thieves using a forged power of attorney and forged deed. Pre-trial offer was $2,500.00.
It’s a federal crime to knowingly and voluntarily distribute a controlled substance or possess one while intending to distribute it. Federal authorities may get involved if there’s evidence there was a scheme to move drugs across state or international borders. A conviction would result in a mandatory minimum jail time of five or 10 years. Depending on the charge, a maximum sentence could be 40 years and along with millions of dollars in fines.
Drug distribution under federal law facilitates the transfer of the substance to another, whether or not you’re doing it to make money. Evidence often used is developed through lengthy and sophisticated investigations.
There are often many defendants involved. There could be multiple people playing limited roles in an alleged conspiracy to traffic drugs. As an operation grows and more people face charges, it’s more likely one or more will cooperate with the prosecution. There could also be informants for federal law enforcement agencies as the alleged crime took place.
Whether the trafficking charge against you is based on state or federal law, Michael Fayard’s work may result in reduced or dismissed charges. As a former prosecutor and in his current practice, connecting facts and potential defense has become second nature for attorney Fayard.
Those defenses could be:
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If you’re facing a drug trafficking charge, don’t panic, assume the worst, or talk to law enforcement without an attorney. You don’t have the burden to prove you’re innocent. The prosecution has the burden of proving, beyond a reasonable doubt, that you’re guilty. With Michael Fayard working on the case, his investigation may show severe problems with the case against you.
We offer affordable, flat-fee representation in drug trafficking cases. Your initial consultation with Michael is free. You can discuss your case; he will tell you what to expect and offer you some options to consider. Don’t risk your future by going through this alone. Talking to Michael Fayard may be the most important conversation you will ever have.