Q: Am I entitled to an appeal?
A: The higher court will review the transcripts of the trial to see whether any of the defendant’s constitutional rights were violated or whether the trial judge failed to follow the proper rules of evidence and procedure during the trial. To overturn a conviction an appellate court must find an error which could have made a material difference in the jury’s deliberations.
Q: Will I go to jail for possession?
A: In state court trafficking is a charge of possessing a large amount of a controlled substance, an amount which alone is evidence that it is not for personal use but rather to distribute or “traffic” in the controlled substance. Possession of large amounts of drugs carries mandatory minimum sentences which are set out by statute.
Q: What to do if I received a summons?
A: If you have received a summons to appear in front of a grand jury you need to contact us to receive advice before appearing to testify, anything you say to the grand jury will be under oath, recorded and used against you if incriminating. If you lie to a grand jury you can be prosecuted for perjury.