Being charged with drug possession can be an overwhelming and frightening experience. A drug charge on your record can have long-lasting negative consequences on your life, limiting job, housing, and education opportunities. However, in some cases, it may be possible to get drug possession charges reduced or even completely dismissed.
The key is contacting an experienced criminal defense attorney who specializes in drug possession cases. A skilled drug possession lawyer will know the ins and outs of the legal system and the most effective strategies for fighting the charges against you. They can evaluate the specific details of your case and advise you on the best path forward.
Common Drug Possession Charges
There are several types of drug possession charges you may face depending on the circumstances of your case:
Simple possession – Being caught with a small amount of an illegal drug for personal use. This is typically charged as a misdemeanor for first-time offenders.
Possession with intent to distribute – Having a larger quantity of drugs that appears to be more than needed for personal consumption. This implies an intent to sell or distribute the drugs to others and carries more severe penalties.
Drug trafficking – Transporting significant quantities of illegal drugs, often across state lines. Trafficking charges are very serious felonies.
Possession of drug paraphernalia – Having items like pipes, bongs, scales, or baggies that are associated with using or selling drugs. Paraphernalia charges are often added on top of possession charges.
Regardless of the specific drug charge, you need a knowledgeable criminal defense lawyer on your side. An attorney who regularly handles drug cases will know how to poke holes in the prosecution’s arguments and possibly get the charges reduced or dropped altogether.
What Happens After a Drug Possession Arrest
After being arrested for drug possession, you’ll be taken to jail for processing and booking. Depending on the severity of the charge and your criminal history, you may be released on your own recognizance or required to post bail to be let out.
You’ll be given a date for an arraignment, which is your first appearance before a judge. At the arraignment, the charges against you will be read and you’ll enter an initial plea of guilty or not guilty.
It’s crucial to have an attorney representing you at the arraignment and all other court proceedings. Your lawyer can argue for the dismissal of the charges or negotiate a favorable plea bargain on your behalf.
In the discovery phase after the arraignment, your attorney will obtain all evidence against you from the prosecution. They’ll review police reports, witness statements, drug test results, and other documents looking for weaknesses in the case. The goal is to find problems with how evidence was gathered or ways to question the credibility of testimony against you.
Potential Defenses to Drug Possession Charges
An experienced drug possession attorney will explore all possible defenses for your case. Some common strategies include:
- Unlawful search and seizure – If the police search you or your property without probable cause or a proper warrant, any evidence from the illegal search can’t be used against you. Your lawyer will scrutinize the details of your arrest to see if your 4th Amendment rights against unreasonable search and seizure were violated.
- Lack of possession – Prosecutors must prove beyond a reasonable doubt that the drugs actually belonged to you. If you were in a car or house where drugs were found, that doesn’t necessarily mean they were yours. The drugs could have belonged to other occupants. Without clear evidence tying you to the drugs, possession can be difficult to prove.
- Missing Miranda warnings – Police are required to read you your Miranda rights when placing you under arrest. If they fail to properly Mirandize you, statements you made to police afterward may be inadmissible.
- Entrapment – Though rare, entrapment is a possible defense if you were induced by an undercover officer to commit a crime you otherwise wouldn’t have. If an officer pressured or coerced you into possessing drugs, that may qualify as entrapment.
- Drugs not yours – If someone planted drugs on you or in your belongings without your knowledge, you may have a strong innocence case. However, this defense requires compelling evidence that the drugs weren’t actually yours.
- Crime lab analysis – The suspected drugs in your case will be sent to a lab for chemical testing. If the analysis comes back negative, meaning the substance isn’t actually an illicit drug, charges would likely be dropped. Your lawyer will ensure there were no problems with how the drugs were collected, stored or tested that could impact results.
- No proof of intent to sell – A possession with intent to distribute charge requires evidence that you planned to sell the drugs, not just use them yourself. Intent to sell is often inferred from the quantity of drugs, but there may be other explanations for larger amounts, like stockpiling for personal use. Lacking clear evidence of intent to distribute, your charge may be reduced to simple possession.
- Medical marijuana exception – If you’re a licensed medical marijuana patient or caregiver with a valid doctor’s recommendation, you may be shielded from prosecution for possession up to certain legal limits. An attorney can help demonstrate you were lawfully possessing medical cannabis if improperly charged.
- Pretrial diversion programs – Some jurisdictions offer diversion options that allow first-time offenders to avoid jail time by completing drug education classes or addiction treatment. If you qualify, a lawyer can help you enroll in a diversion program to get the charge dismissed.
- Plea bargaining – If the evidence against you is strong, your best option may be negotiating a plea deal with prosecutors. Your attorney will work to get you the most favorable terms possible, like pleading to a lesser charge or getting a reduced sentence. Pleading guilty is never ideal, but it can help you avoid the most severe potential penalties.
Importance of Hiring a Drug Possession Attorney
As you can see, there are many potential avenues a skilled lawyer will explore to fight a drug possession charge. Proving guilt beyond a reasonable doubt in a criminal case is a high legal bar for prosecutors to clear. An experienced attorney will force the state to meet that high burden and hold them accountable for any shortcuts or missteps.
You may be tempted to just plead guilty and put the ordeal behind you as quickly as possible, especially if it’s your first offense. However, that can be a major mistake with lifelong ramifications. A drug conviction on your record, even for simple possession, can shut the door to many opportunities moving forward.
Having a trusted criminal defense lawyer on your side is critical to achieving the best outcome. A qualified attorney will provide the aggressive advocacy you need to beat a possession charge or minimize the fallout. You can rely on your lawyer to:
- Carefully review all case documents and evidence
- Interview arresting officers and other witnesses
- Identify improper police procedures or constitutional violations
- Negotiate with prosecutors to dismiss or reduce charges
- Advise you on the best approach, whether fighting the charge at trial or taking a plea deal
- Argue for alternatives to jail time like probation, rehab, or community service
- Help you take proactive steps like getting drug treatment that can be favorable in the eyes of the court
The bottom line, is don’t face drug charges alone when your future is on the line. Invest in your defense with an experienced drug possession lawyer who will fight for your rights and work toward the best possible conclusion to your case. Schedule a consultation today to find an attorney you can count on to stand up for you.