Drug Crimes On School Property
The law defines school property as any property leased or owned by an elementary or a secondary school, and also includes school vehicles such as buses. The law does not state that the school has to be public. In addition, it is not a defense to that school was out of session, or that the property was not being used for school purposes at the time of the crime. In fact, many times arrests for this crime are made at or near sporting events, concerts, and dances. In order to prove that the crime was committed within 1,000 feet of the property, the prosecutor will actually introduce maps and measurements. In other words, it is not sufficient for the police to give an estimation of the distance.
There are various defenses to a crime such as possession of a controlled substance with intent to distribute on school property. Each of these defenses should be discussed in detail with an experienced defense lawyer who has handled these types of cases. The Herbst Firm is ready to fight each and every aspect of the state’s case, and we will explore all available defenses. Depending on how the police made the arrest, there may be a motion to dismiss or a motion to suppress evidence that we can file. In the past, Benjamin Herbst has successfully challenged the 1,000 foot distance requirement, and whether the property was actually a school under the law. The stakes are simply too high with this crime to walk into court without skilled representation. If you or a loved one has been charged with any drug crime on school property, we are available 24 hours a day for a free consultation. We are willing to travel statewide to discuss the specific facts surrounding your arrest.