Those charged with drug possession may consider this a minor crime, but it can have very major consequences.
By the time you read this article, someone in the U.S. will be charged for drug possession.
Whereas the legalization of marijuana was directed to reduce these numbers – it has actually upped the stats. Around 1,429,299 people were arrested last year for breaching the drug laws.
All of these cases account for an enormous percentage of the criminal court trials with sentencing as the major upshot. But, if you deal smartly with such scenarios, it’s not impossible to achieve a favorable outcome. Read on to learn all that you can do in this regard.
Take Advantage of Overworked Public Employees
This is a prevalent practical tactic. We all know that prosecutors have several piles of files on their desk. These are of hundreds of cases with drug possession charges at the lowest priority. So, if you handle your case with intensity as that of a murder charge; it leads the prosecutor to either drop the charges or reduce the sentence considering the plea agreement. It includes taking care of all the document requests and other procedural requirements.
Some authorities offer diversion programs for those caught with small quantities of drugs. Under this program, you have to pay fines & court costs and do some form of rehabilitation. Once the person successfully completes all these chores, the charges get dropped. Not even a conviction record is added to the individual’s history. But, this program demands the accused to make legitimate efforts for persisting a “clean” life (off drugs). If someone fails to do that, it results in prosecuting the person with all of the original criminal penalties and the possibility of paying a hefty fine for the failed treatment plan. Last year, Austin DWI lawyers assisted over hundreds of accused with the help of these programs.
Challenge How Evidence is Acquired
It is the primary way to increase the chances of your acquittal. First, you have to show that the officer that stopped you did not have a valid reason or cause. And, even if the stop was legit, the subsequent search that led to the discovery of illegal substances may not have been actualized in the absence of a valid search warrant or cause to search. This is the part that has the most weaknesses in such cases.
We know that officers ask to search in a manner that leaves you with no choice. Later, whatever he finds, he makes use of as evidence against you. So, the first approach is to say no to search in a way that doesn’t sound like an obstruction – it is your constitutional right. Further, if the officer goes for a search without your consent, then the evidence is inadmissible. In a recent scenario, an Austin DWI attorney helped a client become free of charges in just one hearing using this approach.
Constructive Possession – Another Weakness
Another weak part of these cases is what we call constructive possession. Don’t get carried away with the name. Let us spell it for you. It means that something looks as though it’s your possession due to circumstances, but it is not yours. For instance, suppose you borrow your friend’s car for some reason, and you get pulled over for speeding. The officer on duty somehow searches the vehicle and comes across marijuana (in small quantity) in the center console.
Conditions like this raise questions like – Who is the owner of the drug, you or the car owner? This creates a cloud of confusion of ownership of the drugs. Needless to say, a savvy DWI defendant can exploit this to the best of their advantage.
Those charged with drug possession may consider this a minor crime, but it can have very major consequences. From lengthy probationary periods to fines and administrative costs, to jail time, the outcome can be anything. So, take it seriously and immediately contact an expert criminal defense attorney for assistance.