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Contact Daniel Ambrose for fast answers to your criminal law questions. He can be reached at his office at (248) 624-5500, his cell phone (248) 808-3130 or by email at Daniel@ambroselawgroup.com
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| COCAINE/HEROINE - USE |
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What is Use of Cocaine or Heroin? |
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Use of Cocaine or Heroin means, simply, that a person knowingly smoked, snorted, injected or otherwise used cocaine or heroin.
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Penalties: |
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What Defenses Are There? |
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Lack of Knowledge: |
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If someone used cocaine or heroin, but did not know that it was marijuana at the time he used it, he is not guilty of possession, even if he later learned that it was cocaine or heroin. |
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Jury Instruction |
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The defendant is charged with the crime of illegally using a controlled substance, _____________. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt: First, that the defendant used a controlled substance. Second, that the substance used was _____________. Third, that at the time he used it, the defendant knew the substance was _____________. Fourth, that the substance was not obtained by a valid prescription given to the defendant.
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Related topics |
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