Facts: The client was charged with possession with intent to distribute cocaine after a very large quantity of cocaine was found in her house.
Results: Case dismissed.
Facts: The client was charged with possession with intent to distribute cocaine after a very large quantity of cocaine was found in her house.
Results: Case dismissed.
Facts:
In this case, the client was caught red handed dealing marijuana in an educational environment. The police found a substantial amount of evidence supporting the allegation that the client was selling rather than growing for her own use.
Results:
After several weeks of negotiation, the client entered a plea and her sentencing was deferred. That means that if she doesn’t get into anymore trouble over the next five years, the case will be dismissed. Meanwhile, because the sentence is deferred, the client has not been convicted. Despite the nature of the charge, the client avoided the “convicted felon” label. Client also avoided jail…
Facts: The Homeland Security Agency had conducted a lengthy investigation. After a series of controlled buys, a search warrant, and a confession, the client was charged with conspiracy and trafficking counterfeit drugs. The sentencing guidelines called for a 24 – 30 month prison sentence.
Results: After a sentencing argument, the judge imposed one year of prison with only two years of supervised release. The government was looking for much more time.
The Fourth Amendment of the United States Constitution clearly states that people cannot be subjected to unfair searches and seizures of their property, whether that be within their home, their vehicle, or on in their purse or pockets. It is further interpreted to mean that any evidence that is collected through an unjust search and seizure is inadmissible in the court of law. Since drug charges are usually mostly dependent on what was found during a police raid or drug bust, does the Fourth Amendment even apply at all to these cases?
The key word within the legal statute is “unreasonable.” No one can be subjected to an unreasonable search and seizure, which is a word that is open to interpretation. What might be unreasonable to you could be perfectly reasonable from the perspective of the police, especially if they know they need the evidence they took from under your bed to land a conviction.
Legalities involving searches and seizures for drug busts are not completely vague, though. There are statutes that define what must be fulfilled or present in order for the search to take place.
In general, one or more of the following conditions must be met in order for a search to take place:
Do you believe you were arrested due to an unjust search and seizure in Rhode Island? Could proving so remove the only evidence the prosecution has against you? It is time for you to contact Providence criminal defense attorney Jason Knight and our law firm. We provide free case evaluations so do not hesitate to start your defense now.
You’ve borrowed your friend’s car for a quick errand. Out of nowhere, flashing lights fill your rearview mirror, and suddenly, the police pull you over. Then officers search the vehicle and discover a bag of drugs hidden under the passenger seat. You didn’t put it there or even know it existed. Yet now you’re facing serious criminal charges.
Knowing how to prove intent in Rhode Island could mean the difference between walking free and a conviction. Prosecutors must do more than show officers found drugs; they need to prove you knowingly controlled them. That’s where a skilled defense attorney like Jason Knight comes in. With 17 years of experience in high-stakes cases, he knows how to challenge these claims. Many of our clients wonder:
Jason Knight has the answers to these questions—and the strategies—to protect your rights. Contact the Law Office of Jason Knight for a free consultation and take the first step toward building your defense.
According to Rhode Island law, “It shall be unlawful for any person knowingly
or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized.” But intent means far more than simply “knowing.” It involves proving that the accused was aware of the drugs and had control over them. However, this is easier said than done, especially in shared spaces or multiple-people scenarios. For instance, finding drugs in a vehicle doesn’t necessarily mean the driver or owner had any knowledge of them.
So, how do you prove intent in court when the evidence isn’t clear-cut? Prosecutors typically lean on circumstantial evidence, such as the location of the drugs, the accused’s behavior, and any supporting materials like scales or baggies. However, for defense attorneys, this is where intent becomes the Achilles’ heel of the case. A skilled lawyer can exploit gaps in the evidence, casting doubt on whether the prosecution has met its burden of proof.
Prosecutors rarely prove intent through direct evidence. Instead, the prosecution often builds its case by piecing together a puzzle of circumstances.
Officers and prosecutors often cite drugs found in a defendant’s car, home, or personal items as evidence of possession. But proximity alone doesn’t equal intent. A savvy defense attorney will question whether the defendant knew the drugs were there.
The presence of scales, cash, or packaging materials may suggest an intent to distribute. But is that the only explanation? Defense strategies can focus on providing alternative explanations for these items.
Officers and prosecutors often use text messages, phone records, or actions during the arrest to establish intent. However, these can be taken out of context or misinterpreted, leaving room for doubt.
The issue of shared responsibility is one of the most contentious in drug possession cases. If officers find drugs in a shared car, home, or workspace, the question arises: Can someone else take responsibility for a drug charge?
The answer lies in the ability to prove exclusive control or knowledge. For example, if multiple people have access to the location where officers found the drugs, the prosecution must show that the accused intended to possess or distribute them. The case may fall apart without clear evidence tying the defendant to the drugs.
A skilled defense attorney can introduce alternate explanations for the evidence, making it difficult for prosecutors to prove intent beyond a reasonable doubt. This strategy often involves questioning the credibility of the evidence or introducing witnesses who can attest to the defendant’s lack of involvement.
For someone facing drug possession charges, the choice of legal representation can be life-changing. A knowledgeable attorney doesn’t just defend—they dismantle. By focusing on intent, a defense attorney can challenge the foundation of the prosecution’s case. Here’s how:
The Law Office of Jason Knight Jason Knight is uniquely equipped to handle drug possession cases. As a former prosecutor, Jason Knight understands the strategies prosecutors use to prove intent and how to counter them effectively.
When it comes to drug possession cases, experience and strategy are crucial. Jason Knight combines both with a deep commitment to his clients. A Navy veteran and former state prosecutor, he offers a perspective few others can match. He’s handled thousands of cases, each with the tireless dedication his clients deserve.
But it’s not just his experience that sets him apart. As a Providence criminal defense attorney, Jason Knight has been recognized by Super Lawyers and featured in publications like the Boston Globe and Providence Journal. His reputation speaks volumes, but it’s his results that truly matter. Clients trust him to fight for their rights, preserve their liberty, and guard their future.
Here’s what else you can expect from the Law Office of Jason Knight:
Don’t leave your future to chance. Contact the Law Office of Jason Knight today for a free consultation. With 17 years of experience helping people and a relentless commitment to justice, Jason Knight is ready to fight for you.
You’re running late, your hands tight on the wheel, when red and blue flashing lights flicker behind you. The officer’s tone is sharp, his questions quick, and the next thing you know, he’s peering into your trunk. Moments later, your car is gone, along with the cash in your glove box. You stand there, stunned, wondering: where does seized drug money go, and how did this happen so fast?
This isn’t just a bad day—it’s the unsettling reality of property forfeiture in drug cases. Law enforcement can seize assets they claim are linked to illegal activity, often without proving a crime occurred. Cars, cash, and even homes can vanish in an instant.
If this sounds overwhelming, you’re not alone. Rhode Island’s asset forfeiture laws are complex and unforgiving. But with the right defense strategy, you can protect what’s yours. Jason Knight, a trial-tested criminal defense attorney with 17 years of experience, knows how to navigate these cases and stand between you and an unjust outcome. Contact the Law Office of Jason Knight today to start building your defense and fight back.
Rhode Island asset forfeiture law allows law enforcement agencies to seize property they believe is connected to criminal activity. In drug-related cases, this often includes cash, vehicles, and even homes. While intended as a tool to disrupt criminal enterprises, the practice is controversial. Many people find themselves fighting to reclaim their property despite no conviction.
But where does seized drug money go specifically? In Rhode Island, portions of the proceeds may fund police departments or community programs, raising concerns about conflicts of interest. These laws can incentivize aggressive asset seizures, leaving innocent individuals struggling to prove their assets aren’t tied to criminal activity.
When it comes to property forfeiture drug cases, the stakes are incredibly high. The government can seize items like:
Recovering your assets from unjust seizure requires decisive action and a skilled advocate. The Law Office of Jason Knight knows how to challenge baseless claims and fight aggressively to reclaim what’s rightfully yours.
Rhode Island follows civil asset forfeiture laws, meaning the government can seize property without convicting you of a crime. Unlike criminal cases, where prosecutors must prove guilt beyond a reasonable doubt, civil forfeiture requires a lower burden of proof. Prosecutors only need to demonstrate that the property is more likely than not connected to illegal activity.
For example, in asset forfeiture in drug trafficking cases, the government might present evidence like large sums of cash found near drugs or suspicious financial transactions. While these claims may seem damning, a skilled attorney can challenge the evidence, exposing flaws in the government’s case.
One of the most debated aspects of asset forfeiture is what happens to the proceeds. So, where does seized drug money go in Rhode Island? Typically, law enforcement agencies and community programs split the funds. Some money might support police operations, purchase new equipment, or fund drug education initiatives. While this may sound beneficial, it incentivizes law enforcement to prioritize asset seizures.
Critics argue this system undermines justice, disproportionately affecting low-income individuals who may lack the resources to fight back. Understanding this financial pipeline is crucial to building a defense if your assets have been seized.
Fighting asset forfeiture requires a strategic, aggressive approach. Here’s how Jason Knight, a seasoned criminal defense attorney, can help.
Prosecutors often rely on circumstantial evidence to link property to drug activity. Jason Knight examines every detail, from search warrants to financial records, to challenge the validity of these claims.
Sometimes, it’s possible to negotiate the return of seized assets without going to trial. Jason Knight’s background as a Rhode Island state prosecutor gives him unique insights into how these negotiations work, increasing your chances of success.
If negotiations fail, Jason Knight is prepared to present a compelling case in court. With 17 years of experience and thousands of cases handled, he knows how to craft arguments that resonate with judges and juries.
When you’re facing asset forfeiture, you need more than a lawyer—you need a partner who will stand by you every step of the way. Here’s what sets Jason Knight apart:
With Jason Knight by your side, you’re not just hiring a lawyer—you’re gaining an ally dedicated to protecting your rights, property, and future. Don’t let asset forfeiture define your story; take the first step toward justice today.
If you’re grappling with questions like, Where does seized drug money go? or trying to reclaim property seized in a drug case, don’t face the system alone. The Law Office of Jason Knight is here to protect your rights and fight for your future. With his trial-tested experience and commitment to justice, Jason Knight can help you navigate this challenging process. Call now. Your defense—and your future—start here.