Perhaps one of the most frequently asked questions by those charged with drug possession are whether their attorney can get their charges dismissed. For many, holding out this hope can feel like a light at the end of the tunnel. Although it can be frustrating to endure criminal charges and the trial that could follow, having the charges dropped can feel like a huge relief. Any chance of this comes by obtaining an attorney with experience in cases involving drug possession. It will be important to consult with an attorney to discuss the details surrounding your specific case. With their help, they will be able to review the details of your arrest to determine if the charges could be dropped.
Reasons for Case Dismissals
One of the best possible outcomes surrounding drug possession charges is to not obtain a conviction. If your case allows for a dismissal you likely wouldn’t be required to endure a lengthy trial. Finding yourself in such a situation will surely require the assistance of an attorney. When poring over the details of a criminal case, an attorney is far more likely to strategize a case dismissal than a person who is not experienced in criminal law. The following are common ways cases are dismissed in court:
Failure to read your Miranda Rights:This doesn’t necessarily mean you are off the hook. However, if law enforcement fails to read your Miranda rights, any evidence obtained at the scene or through questioning may not be used against you in court.
Improper Search and Seizure:If the police do not obtain a warrant or permission to search your property, any evidence they obtained may be considered inadmissible in court. An attorney can review your case and determine the best way to strategize in cases where evidence was obtained by law enforcement illegally.
Quashing a Case:an attorney can file a motion to quash the case if they are able to find that your rights were violated at some point during the arrest process.
Plea Deals with the Prosecution
Drug charges are more common than ever with the opioid epidemic on the rise. As a result, courts are incredibly overwhelmed with the volume of cases they must oversee. Prosecutors are motivated to settle cases as quickly as possible, giving them time to set their sights on bigger, heavier hitting cases. A drug offenses attorney MD residents trust can help by reviewing your case and determining if a plea deal is in your best interest. Plea deals often require a not guilty or no contest plea but usually result in reduced charges. This can be an attractive option for people facing a possible drug conviction.
Depending on the state you live in, the severity of a drug possession charge can vary, especially depending on the type of drug. When faced with drug possession charges, it is recommended that you consult with a criminal defense attorney from the start. By involving them early on, you give yourself the best chance to obtain an outcome that is in your favor.
Thank you to our contributors at the law firm of Frederick J. Brynn, P.C. for the above information.