Experienced Boise Drug Crime Defense Attorneys
The push to address unlawful drug activity has resulted in ever-harsher penalties in all 50 states, including Idaho. That means you could face more severe consequences than expected if convicted of drug crimes.
Located in Boise, Miller Hawkins, PLLC, defends those facing drug charges in Idaho. With 80-plus years of combined defense experience and a fierce dedication to justice, we can represent you amid allegations of criminal drug activity. Call us to take back control of your future.
Types Of Drug Charges
Drug offenses in Idaho can be charged as a felony or misdemeanor, depending on the details of the alleged crime.
Misdemeanor drug offenses:
- Possessing marijuana (three ounces or less)
- Possessing certain Schedule V and VI substances
- Possession of drug paraphernalia
Felony drug crimes:
- Possession of controlled substances (meth, heroin, large amounts of marijuana)
- Manufacturing or delivering controlled substances
- Possession with intent to manufacture or deliver
- Drug trafficking
- Drug-induced homicide (more below)
We understand that drug charges can have serious consequences and are committed to creating a robust defense strategy tailored to your situation.
New Idaho Drug Trafficking Legislation: House Bill 406
In February 2024, Idaho Governor Brad Little signed House Bill 406 into law, introducing mandatory minimum sentences for drug trafficking crimes. Effective from July 1, 2024, this law also established a new felony for “drug-induced homicide” if an illegally sold drug results in user death.
These mandatory minimum sentences include:
- Three years in prison and a minimum $10,000 fine for four to 13 grams or for 100-249 pills.
- Five years in prison and a minimum $15,000 fine for 14 to 27 grams or for 250-499 pills.
- 10 years in prison and a minimum $25,000 fine for more than 28 grams or 500 or more pills.
For information specific to your situation, reach out to Miller Hawkins, PLLC, attorney.
Frequently Asked Questions About Drug Crimes In Idaho
Do you have questions about your drug crime case? You can talk to our attorneys during your initial consultation.
What should I do if I am arrested for a drug crime in Idaho?
Clearly and directly invoke your right to remain silent and ask for an attorney. It may be tempting to try to talk your way out of the situation, especially if you are innocent, but any statements you make could be used as evidence against you in court. By remaining silent until your attorney can do your talking for you, you increase the odds of having your case dismissed or the charges reduced.
Our attorneys at Miller Hawkins, PLLC, can review the charges you are facing, educate you on your legal rights and options and act on your behalf to obtain the best possible outcome for your case.
What factors determine whether a drug offense is charged as a misdemeanor or a felony in Idaho?
Whether you are facing a misdemeanor or felony charge for a drug offense depends on several factors, including:
- The type and quantity of the drugs involved
- Whether the drugs were transported across state lines
- Whether you are believed to be part of a larger drug operation or ring
- Whether there are special circumstances, such as being caught with the drugs near a school or being charged with a drug crime in connection with a death
- Whether you have a prior history of drug offenses
You need an attorney to help you understand the situation and what options you may have.
Can I be charged with a drug crime if I’m not the one who possessed or sold the drugs, but was simply present at the scene?
Yes. For example, you may be charged with “constructive” possession of drugs merely for being aware of the drugs and having access and control over them – even if they were not yours. You could be charged as an accessory to a drug crime for acting as a “lookout” while someone else sold drugs.
Start Your Defense Today
Our lawyers can provide the legal support you need when facing severe drug charges. Call our Boise offices at 208-435-9543 to speak with an attorney about your case. Trust in our decades of experience successfully defending others in similar circumstances.