Finding The right Attorneys & Lawyers in Norwalk, Connecticut
Under intense scrutiny and pressure from various civic groups
, the legislature of Norwalk decided to introduce tougher, zero-tolerance laws concerning the distribution, possession and or sale thereof, of controlled substances (illegal drugs.) Like most knee jerk reactions, the devil really was in the detail and so whilst the laws that were passed seemed to look pretty sexy on paper (especially come election time no doubt!) the reality is that they have caused a great deal of concern and confusion in the courthouses.
Indeed, many criminal judges have commented on the significant increase in their caseloads, with appeal after appeal filed by criminals who have been convicted of a drug charge only to then look for loopholes in the legislation to try and wiggle out.
One area which has become especially contentious is the extremely fine and delicate line between a felony charge (which are seen as more severe and treated more harshly) and a misdemeanour offence. This is something of a judicial lottery because there are a number of different variables that come into play when computing this particular equation and quite frankly, experienced attorneys and shrewd lawyers have been able to get their clients skate on felony charges.
There has been sharp criticism of the legislation passed by both judicial experts, leading jurists as well as civil right activists on the grounds that the law is ill-defined, illogical, and alienated from the concept of natural justice.
For example, the current legislation that is in existence states that if a person is charged with possession of drugs with intent to sell then this "base" crime will be multiplied in severity if they happen to be in proximity of a school, within 1500 feet. Even though the criminal may not have had any intention to sell or target children, and even if he happens to be geographically situated away from a school in terms of easy access, the law still mandates he must be liable for a higher charge.
Additionally, there has been sharp criticism over the unduly arbitrary nature of this mechanism. Specifically, as Norwalk attorneys have rightly argued, a shrewd drug dealer can ensure that he is out with the 1500 range in order to escape the automatic higher charge. Therefore, if drug dealer A happens to be within 1500 feet of the school, whilst drug dealer B happens to be 1501 feet, or even 1500.1 feet away, then B will get a lighter sentence.
What makes this example especially odious is that even if both were exactly the same in terms of the type and quantity of narcotics that they had in their possession, by virtue of nothing more than a number, one will be treated more unfairly.
Given the controversial nature of the Norwalk drug legislation, it is imperative that you do rely upon well qualified and experienced legal counsel in order to ensure that you get a fair hearing, a reduced sentence as well as the ability to actually put your side of the story across.
Finding The right Attorneys & Lawyers in Norwalk, Connecticut
By: RW Goldberg
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