Despite the loosening of marijuana laws around the country, the United States takes a hard-edged approach to drug enforcement. Hundreds of thousands of people are arrested each year on drug-related charges. These people’s lives are irrevocably changed as a result of these charges being levied against them.
If you’re facing drug possession charges yourself, it’s important that you take the matter very seriously. There are certain steps you can take to help best protect yourself and your future. Following these steps quickly and accurately can be essential to your well-being in the long-run.
What do you need to know when facing drug possession charges? Read on and we’ll walk you through all of the basics.
1. You Have a Right to Remain Silent
You’re probably familiar with your Miranda rights because of how often you hear them in television and movies: ‘you have a right to remain silent, anything you say can and will be used against your in a court of law…’
This isn’t just some fancy mumbo-jumbo cops rattle off, it’s the truth! Any comment or statement you make during your arrest can be used as evidence against you later on. If you’re reading this in time to keep this matter in mind, make sure to put your rights to use and stay quiet.
This doesn’t mean you should ignore the officer outright. You’re going to want to answer their basic questions and comply with their orders. When you can, however, say you’d rather speak to an attorney before answering any questions.
The police must adhere to your request if you stick with this insistence. Even if you’re completely innocent, it’s not best to try and make your case directly to the police at the scene of the arrest.
Comply, keep quiet, and regroup with an attorney later on. Which brings us to…
2. Hire an Attorney
If you’re curious about how to get out of a possession charge? An attorney is going to be the person you want to talk to. In fact, an experienced drug law attorney is just about the only person who is going to be able to help and change your fate.
Why? They have experience. They’ve likely handled hundreds of cases just like yours in the past. They’ll know what it takes to get someone in your situation off, or at the very least should be able to help limit the severity of the charges you might face.
If you’ve been caught in possession of drug paraphernalia, the last thing you want to do is try and defend yourself. Self-representation does not often work out, especially not in a situation as complicated and with as high of stakes as a drug crime.
An attorney will ensure that your case proceeds as it should. That means helping you develop a strategy, collect evidence, and submit paperwork correctly and on time.
If you’re not sure where to find an attorney for your case, ask around your immediate circle. Has anyone you know found themselves in a similar situation? Who represented them?
If they had a positive experience with their attorney there’s a high chance that you will too. If you don’t know anyone who has worked with an attorney, consider calling the bar for your state and requesting a list of lawyers who work in the appropriate field.
3. Develop a Strategy
Be honest with your attorney about the entirety of your situation. Recount, to the best of your ability, all the events that led up to your arrest and charge. With this information in hand, an attorney will aid you in developing a strategy for your case.
There are many different strategies that are employed when fighting drug possession charges.
One defense may simply be to say that the drugs aren’t yours and that they were actually in the possession of someone else. You then will need to provide the evidence to prove this or push the prosecutors to admit that they can’t prove that the drugs found actually belonged to you.
In some instances, you may need to prove that what you were found in possession of is actually not the illicit substance that the police think it is. A crime lab analysis might prove that what was assumed to be cocaine is actually something else entirely.
You might also be able to argue that entrapment was at play, or that the drugs were planted on you by another entity. These are both difficult and will require a large amount of evidence to get through a judge.
4. Be Open to Compromise
In some instances, an attorney might not be able to get your drug possession charges completely dismissed. In this instance, it might be better to plead guilty but strike some sort of deal in exchange for a less severe sentence.
Often, an attorney will fight for probation as opposed to time behind bars and a lessening of fines and penalties. These can be possible to obtain, especially if the individual in question has a mostly clean record prior to this charge.
The average sentence for drug possession can be very long so having someone fight to cut back on the timing can be a big help.
Sometimes, voluntarily entering a drug and alcohol rehabilitation program can help push a judge to lessen or even remove many of the punishments one might be facing for their possession of illegal substances.
It’s important to keep open to these possibilities. While you may want to see the charges completely dropped against you, these compromises can brighten your future and make things much easier on you in the long-run.
Fighting Drug Possession Charges
If you’re facing drug possession charges, it’s important to understand what steps you need to take to secure the stability of your future. The above information can be greatly helpful.
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