Being charged with drug possession can be a scary and overwhelming experience. Fortunately, an experienced criminal drug possession lawyer will be able to recommend numerous strategies for avoiding or minimizing a sentence resulting from these charges.
The number one thing to remember if you are charged with drug possession is that you don't want to go pro se and represent yourself. Navigating the complicated legal processes that criminal possession charges involve is something that's best handled by an experienced attorney. The following are four possible strategies that a criminal drug possession lawyer might use to dismiss or minimize the sentence of possession charges.
Disputing either actual or constructive possession charges
In many cases, possession charges can be disputed. If it can be proven that a client was not aware that drugs were present in his or her vicinity in the case of "constructive" possession charges, then the charges may be successfully disputed.
"Actual" possession charges, meaning situations where the drugs were actually in the person's pockets or on the person at the time, can be a little harder to dispute. However, in some cases they can be disputed if it can be proven that the charged individual was framed in some way or was wearing another person's jacket or clothing.
Taking advantage of the "Motion to Suppress" pre-trial motion
A "Motion to Suppress" is a pretrial motion that alleges a police violation in the discovery of the drugs. This motion usually involves calling for the client's right to Fourth Amendment protection.
If it can be proven that the police were guilty of conducting an unreasonable search or seizure in order to find drugs, a case involving drug possession charges may be dismissed.
Becoming enrolled in a deferred prosecution program
If drug charges are unlikely to be disputed or dismissed with a "Motion to Suppress," an attorney may recommend enrollment in a deferred prosecution program.
These programs are most commonly available to individuals who are dealing with first offense charges. These programs typically involve delaying prosecution while charged individuals meet certain requirements like going through probation.
Successful completion of a deferred prosecution program typically results in charges being dismissed.
Agreeing to drug treatment for a reduced sentence
Clients who already have some charges on their record can often improve the outcome of the sentence if they agree to undergo drug treatment.
Inpatient drug treatment for those in custody or outpatient treatment for those who are incarcerated can lead to substantial reductions in sentencing in some situations.Share