Each year, drug offenses are one of the most frequently prosecuted criminal offenses. Numerous substances are regulated or illegal to possess, use, distribute, or abuse. Different legal punishments may be imposed depending on the type of drug and the amount of drugs involved in a particular case.
Several of these potential drug penalties are avoidable if drug charges in a case are dropped with the help of an attorney for drug charges. While this is not always possible, many defendants have their charges reduced or dismissed. Several pointers can aid defendants in their fight to have drug possession charges dismissed.
Drug charges may be dropped for one of four reasons. They are primarily focused on the defendant’s behavior following their arrest and wrongdoings by officers or authorities. Among them are plea bargains, police cooperation or participation, misconduct, and due process violations during the investigation or arrest. To further understand these factors, here are their basic definitions:
The Plea Bargain
A serious offense may be charged alongside one or lesser violations in many drug cases. A felony drug distribution charge, for example, may be accompanied by a charge of simple possession. In special cases that a defendant have a lesser charge along with his serious charge, he can plead guilty to the serious charge so that his lesser charges would dropped.
The Police Participation or Cooperation
This strategy entails providing authorities or officers with information about other drug users and distributors. To make this technique effective, the defendant must provide high-quality information that tangibly benefits the police. If this occurs, the prosecution may be more receptive to the prosecution dropping the drug charges.
Authority Misconduct
Illegal activity by the authorities or offices, a known issue of corruption in the police force, may result in dropped charges. For example, if an officer is proven to have provided untruthful information or statements, falsified data, used threats or coercion to the suspects, or engaged in any misconduct, the charges against the subjects of their investigations may be dropped.
Bypassing of Due Process
As part of due process, all evidence used to prosecute a person must be through legal procedures. If a law enforcement officer searches without a warrant, searches property not covered by the warrant, or searches after the warrant has expired, the search may be declared illegal and may exclude the evidence. Occasionally, as a result of this, charges are dropped.
The criminal justice system is composed of several key players, each with a distinct function. The prosecutor’s objective is to uphold the law by convicting criminals and ensuring justice is served. Judges are expected to render impartial judgments. A defense attorney is experienced and responsible for defending the defendant’s rights.
Attorneys who concentrate their practice on drug crimes are familiar with the various defense strategies. Therefore, it is crucial to consult with such an attorney before agreeing to anything with the prosecution.
If you already know how important it is to have an attorney when faced with a criminal charge, the next thing one should do is to find the best criminal defense attorney to represent you during the entire process. Not all lawyers have the same focus or expertise, and choosing the right one can make all the difference in putting up the best defense possible.