what can an attorney do to help in drug posession case

by Celestine Mayer 8 min read

A lawyer can help you understand the law and your rights related to drug possession. They can also help you build a defense and negotiate with prosecutors. If you are convicted of drug possession, a lawyer can help you minimize the consequences. Drug possession laws vary from state to state and even from city to city.Dec 17, 2021

What are the 4 elements that must be proven in a narcotics case for the crime of possession?

Burden of Proof
  • You unlawfully possessed a controlled substance,
  • You knew of its presence,
  • You knew of its designation as a controlled substance,
  • The drug is listed as a controlled substance in the Health and Safety Code, and.
  • There was a usable amount of the controlled substance.

How do you win a drug possession case in Texas?

How To Win A Drug Possession Case
  1. Get Attorney Representation Immediately. Your first step is to hire a reputable drug possession attorney who specializes in fighting felony drug charges. ...
  2. Assess Possible Defense Strategies. ...
  3. Lab Testing Issues. ...
  4. Beyond a Reasonable Doubt. ...
  5. Contact a Drug Possession Attorney Today.

Can you get probation for a felony drug charge in Texas?

If you have never been convicted of a felony before, then Texas law mandates that the Judge must give you probation. In addition, even if you have been arrested of a felony drug charge before and even if you have a previous 12.44a, the Judge still must give you probation even if the State does not want to agree.

How do you beat a possession charge in Indiana?

How To Get Criminal Charges Dismissed in Indiana
  1. Lack of Evidence and Violations of Your Rights. ...
  2. Motions To Suppress Evidence in Indiana. ...
  3. Exclusion of Witnesses and Witness Depositions. ...
  4. Negotiating a Plea Agreement. ...
  5. Deferred Adjudications in Indiana.
Oct 25, 2019

What is the maximum sentence for possession of a controlled substance in Texas?

A conviction for Class A misdemeanor possession may include up to a year incarceration and a $4,000 fine. Plus: For third degree felony drug possession, your sentence for a conviction could be 2-10 years in prison and a fine up to $10,000.Jun 7, 2021

How do I get a drug paraphernalia charge dropped in Texas?

There are ways to get drug paraphernalia charges dismissed at every stage of the criminal process, including arraignment, pretrial, and trial.
...
There are three separate drug paraphernalia crimes defined by the Texas Penal Code:
  1. Possession. ...
  2. Sale or Distribution. ...
  3. Sale to Minor.
Nov 4, 2021

Do first time drug offenders go to jail in Texas?

For less than a gram of a controlled substance, you will face up to two years in a state jail as well as a fine of no more than $10,000. For large distribution cases, the penalties for a first-time offender are up to $250,000 and 99 years in prison.

How long do you go to jail for possession?

Jail or prison time is also possible when a person is convicted of possession of a controlled substance. Jail sentences range widely depending on the crime charged, the type of drugs involved, and the state's laws, but can range from a few days or weeks to 10 years or more in prison. Probation.

Can a felony be dropped to a misdemeanor in Texas?

According to Tex. Penal Code § 12.44, a state jail felony can be reduced to a misdemeanor that results in no jail time. As a reminder: a conviction of a felony means you have a criminal record.

Is possession of a controlled substance a felony in Indiana?

Under Indiana Code § 35-48-4-7, possession of a controlled substance without a valid prescription can result in a charge of a Class A misdemeanor or a Level 6 felony.Jun 4, 2020

What is a felony 6 in Indiana?

A felony 6 is the lowest category of felony and is charged for: Battery, depending on the circumstances. Domestic violence, depending on the circumstances. Hazing that results in serious injury. Criminal recklessness that resulted in a serious injury or involved a deadly weapon.Mar 19, 2021

What is the penalty for possession of drug paraphernalia in Indiana?

Possession of paraphernalia is a Class A infraction punishable by up to a $10,000 fine. A subsequent conviction is a Level 6 felony punishable by 6 months – 2 ½ years imprisonment and a maximum fine of $10,000.

Do you have to confirm if you hired a lawyer?

If you are hiring from a law firm, you may want to confirm that the lawyer handling your case is the one you consulted and hired. There are law firms that have high profile attorneys to attract clients, but the attorneys might not handle your case.

Is drug possession a felony?

Drug possession cases are felonies, and this means that they have very serious penalties. The stakes in such cases are too high that you cannot just trust any lawyer with it. Hire a lawyer who will do everything legally possible to help you with the case

How can an attorney help you fight drug charges?

An experienced attorney can use experts to gather evidence to help overturn the charges against you. There are several things that a criminal attorney can do to help fight drug charges. However, you will need to have a lawyer who knows how to work the system and what it takes to have such charges dropped.

Why do you need a criminal defense attorney?

Therefore, if you are in such a state, you will need the help of a good criminal defense attorney to help you understand your charges and legal options, safeguard your constitutional rights, and build the best defense strategy. To increase your chances of a successful trial when charged with a federal drug crime, ...

How to increase your chances of a successful trial when charged with a federal drug crime?

To increase your chances of a successful trial when charged with a federal drug crime, you should take your time to look for the best criminal defense attorney in your area because your future also depends on it . We suggest Chris Lewis.

What to do if you find yourself in such a situation?

If you find yourself in such a situation, you, a relative or a friend, take into account these things that we have suggested to you and stated why only in this way you will be able to save yourself and get proper legal protection before the law on the crime.

Why is it important to hire a lawyer?

Familiarity with the law is the key thing that can reduce your sentence in court if you hire a professional. With his knowledge of the law and all the opportunities and threats that it has, he will be able to play in the right way and help you to pass not too damaged, ie to receive a punishment that is lower than the one that should really owe you. It is important to have an expert by your side in such situations primarily for your own good.

How many people are convicted of drug crimes?

According to the Federal Bureau of Prisons, around 46.4% of inmates are convicted of a drug-related crime. Drug trafficking, possession, or any other drug-related offense is a serious crime, and if you are facing such charges, you will need to fight back to avoid jail time. Some states, like Texas, have some of the toughest drug laws in the U.S.

How long can you be in jail for a dirty business?

These are businesses that are illegal and subject to the laws of the states, which means that if you are part of such businesses you can easily be fined or even imprisoned for a minimum of 2 to a maximum. 20 years under the laws of those countries.

How to defend a person charged with possession of a controlled substance?

For example, one often used practical tactic is to simply take advantage of overworked public employees. Prosecutors handle hundreds of cases per month, and drug possession charges are relatively low priority for most. If you can handle the case with the level of intensity of a first degree murder charge, creating multiple depositions, document requests, and other procedural busy work, you may be able to wear down the prosecutor, ultimately leading him to either drop the charges or offer a significantly reduced sentence as part of a plea agreement. Additionally, in most jurisdictions if a prosecutor fails to provide materials during discovery it is possible to seek dismissal of the charges as a sanction against the state. Of course, in some instances this scorched earth policy can backfire, causing the prosecutor to take a personal interest in your case due to the headaches you have caused him.

What happens if you get charged with drug possession?

While many consider this a “minor crime,” it can have very major consequences, including jail time, lengthy probationary periods, drug screens, fines, administrative costs, etc.

What is constructive possession?

Many cases also suffer from weaknesses in establishing “constructive possession.” This is when something is deemed to be in your possession because of the circumstances, even though it may not actually be yours. For example, if you borrow a friend's car to get some groceries and, upon being pulled over for speeding, the officer comes up with a reason to search and discovers a small amount of marijuana in the center console. Are those drugs yours or do they belong to the owner of the car? This creates a cloud on proof of possession beyond a reasonable doubt that a savvy defendant can exploit to his advantage.

Can an officer ask to search your home?

Often, officers “ask” to search in a manner that implies no choice. Allowing an officer to search you or your home or vehicle will allow whatever he finds to come into evidence against you. So, if there is any way to say no to the search without being arrested for obstruction or resisting arrest, you should do so.

Can a lab tech testify at trial?

To prove that the substance is actually a controlled substance, the prosecutor will normally call the lab tech to testify at trial, which can be very expensive. Moreover, criminal trial dates are constantly changed, creating a potential administrative nightmare to schedule and reschedule the lab tech's days off to show up in court, ...

What is a felony drug charge?

A felony drug charge is a nightmare come true — a serious offense that can have long-term consequences. As much as you might want to pull the covers over your head and pretend it’s just a bad dream, you need to take action right away to prevent these charges from negatively impacting the rest of your life.

What happens if you don't know the drugs were there?

Remember, the burden of proof is on the prosecution. If there is reasonable doubt that you’re guilty, you cannot be convicted.

Can an attorney argue that a search was illegal?

For example, your attorney might argue that the search conducted by the arresting officer was illegal, that there wasn’t reasonable suspicion to search your vehicle or person.

How to beat a drug charge?

Another successful path for how to beat a drug charge, at least a felony one, is to plead down to a lesser charge or to accept some kind of alternative offer. For example, many states offer diversion programs which you agree to in exchange for a lesser sentence. Also, admitting an addiction can get you into treatment and keep you out of jail.

How to beat a drug trafficking charge?

Finally, a great path for how to beat a drug trafficking charge is to rely on medical exceptions. The most obvious example is being caught with medical marijuana on your person. If you can prove you have a legal right to it, then it could negate the probable cause that existed to initiate the search in the first place.

Can a drug possession defense be successful?

A drug possession defense can also be successful if the drugs are found in the presence of you and others. You might be able to succeed by arguing that the drugs are, in fact, not yours. In this case, the burden of proof is on law enforcement to show that the evidence belongs to you and not one of the other parties.

Can a drug possession lawyer be entrapped?

Entrapment can be tricky to do well, but an experienced drug possession lawyer may be able to show this. To succeed, they will have to demonstrate that, under normal circumstances without intrusion and undue influence from police, you would not have been in the circumstance in which you were arrested.

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