Helena Drug Possession Lawyer

Drug Possession Attorney in Helena, MT

Facing drug possession charges can be an intimidating prospect. Convictions can carry prison time, heavy fines, and a long-lasting impact on future employment and opportunities. If you find yourself defending against such allegations, it is critical to have proper representation. At Delli Bovi, Martin, & Reed, LLC, a Helena drug possession lawyer is prepared to represent your interests and advocate on your behalf.

About Us

At Delli Bovi, Martin, & Reed, LLC, our skilled attorneys have been assisting the people of Montana for years in resolving their legal issues with experienced, effective counsel. Hire a results-driven Helena drug crime lawyer who has represented clients across a broad range of issues and is prepared to offer vigorous counsel in defense of your rights.

Drug Laws in Montana

Drug possession laws within Montana are strict. Under Montana Code 45-9-102, any possession of a “dangerous drug” without a prescription is considered a crime. Potential penalties for drug possession charges depend in part on the type of substance alleged to have been found. The state uses a sliding scale for how dangerous certain drugs are. Separate designations include:

• Schedule V: These are considered substances with a low potential for abuse and have accepted medical applications. They include things like substances with less than 200 mg of codeine.
• Schedule IV: Substances under this schedule are considered to have a slightly higher potential for abuse than Schedule V, but are still at low risk and have accepted medical uses. Medications such as Xanax, Valium, and other similar medications fall under this schedule.
• Schedule III: This designation includes substances with a moderate or low likelihood for users to develop a physiological dependency and includes substances with accepted medical use. Ketamine, anabolic steroids, and other substances with hallucinogenic and performance-enhancing properties are included here.
• Schedule II: These substances have a high potential for abuse and physiological dependency. They are recognized for some medical uses under strict guidelines. Cocaine, methamphetamine, and oxycodone are examples of Schedule II drugs.
• Schedule I: These drugs are recognized as having a high potential for abuse and dependency, and do not have medical uses. They include substances such as heroin, LSD, and ecstasy.

In addition to possession of scheduled drugs, Montana has implemented drug paraphernalia regulations that also make possession of items associated with drugs for “testing,” “packing,” or “storing” drugs, amongst others. This means that any item used to consume or store drugs can also be considered illegal possession.

Misdemeanor and Felony Charges

Drug penalties in Montana can be harsh. This is in part due to the opioid epidemic that has been sweeping the state. A recent study found a 167% increase in fentanyl deaths in Helena. In light of such statistics, Montana has taken a hard stance on drug offenses. Those charged with Criminal Possession of Dangerous Drugs may face misdemeanor or felony charges.

Typically, the only drugs that consistently are misdemeanor offenses are those that involve marijuana. Other Schedule III, IV, and V substances may be considered a misdemeanor, depending on the type and amount.

There are no mandatory minimum sentences for misdemeanor drug charges, but maximum penalties for first-time offenses may include up to 6 months in prison and a fine of up to $500. Courts often mitigate these charges in favor of diversion programs and substance counseling.

For those facing felony charges, the courts are less lenient. Any Schedule I or Schedule II substance is considered an automatic felony. Mandatory minimums once again depend on the substance and amount. For first-time offenses, a maximum penalty of 1 to 5 years is possible, with an accompanying fine of $1,000 to $50,000.

Why Choose Us?

When hiring a drug possession lawyer, it is critical to find representation with experience. Our Helena drug possession attorneys understand the complexities that often attend drug charges, and can offer experienced counsel on how to proceed. At Delli Bovi, Martin, & Reed, LLC, a Helena drug possession attorney can prioritize your needs to ensure your interests are represented.

FAQs

What Is the Mandatory Minimum Sentence for Drug Possession?

In Montana, the mandatory minimum sentence for drug possession depends on the circumstances. Misdemeanor charges for possession of substances in Schedules III, IV, and V, in certain amounts, have no minimums, and the penalties are largely left to the court. For felony charges that include Schedule I and II drugs, or for high amounts of other substances, the penalties may range from 1 to 5 years of prison.

How Can I Get Drug Paraphernalia Charges Dropped?

There are several ways to get drug paraphernalia charges dropped. What is often considered drug paraphernalia can have legitimate uses. Pipes, for example, are often used for tobacco. Courts can often provide first-time offenders with the opportunity to participate in pre-trial diversion programs. In this way, prosecution can often be avoided.

What Should I Look for in a Drug Crime Lawyer in Helena, MT?

When selecting a drug crime lawyer in Helena, MT, prioritize local understanding of Montana’s stringent drug laws, including possession and trafficking cases. Seek proven experience with successful defenses, strong client testimonials, and familiarity with Lewis and Clark County courts. You should set up an initial consultation to ensure compatibility, aggressive representation, and clear communication.

How Can a Helena Drug Crime Lawyer in Helena Help with a First-Time Marijuana Possession Charge?

For first-time marijuana possession in Helena, a skilled drug crime lawyer can challenge the charge by scrutinizing search legality and evidence chain of custody, potentially leading to dismissal. If convicted, they can negotiate a deferred prosecution or diversion program, minimizing jail time—often just fines or probation — under Montana Code § 45-9-102. With local court familiarity, look for an attorney with aggressive defenses tailored to Lewis and Clark County that preserve your record for the future.

Hire a Drug Possession Lawyer

It can be scary facing drug charges, but it is important to remember you are not alone. One study found that drug-related charges account for almost one-fifth of arrests in Montana. When you hire a drug possession lawyer from Delli Bovi, Martin, & Reed, LLC, we are prepared to represent you and ensure that you receive the strong representation you deserve. Contact us today for a consultation.