Drug crimes fall under criminal law. Thus if a court finds you guilty of a drug charge, you will serve time in jail. Because you risk facing a jail sentence, you need to hire a drug crimes lawyer to handle your case.
Examples of common drug charges you might face include:
Most drug charges are hard to beat if the police have incriminating evidence, such as proof of possession of drugs against you. But depending on the nature of your drug charge, a seasoned drug crimes lawyer might be able to beat the charges.
Here are two ways a drug crimes lawyer can help you beat a drug charge.
1. Proof of Illegal Search and Seizure
Many drug charges result from illegal search and seizure operations conducted by the police. According to the law, police officers have no right to search your home or vehicle without a signed warrant or consent from you.
But, the police can also search your home or car under probable cause. For example, if the police arrest you for driving under the influence, they are supposed to search your vehicle for paraphernalia. Thus, if the police find drugs during such a scenario, their search and seizure qualify as probable cause.
But, it is illegal for the police to search your car or home without probable cause, warrant, or consent. As a result, any drug charges pressed against you based on an unlawful search and seizure by the police will not hold in court.
If a drug crimes lawyer can prove that the police discovered drugs via an illegal search and seizure, they can have your drug charges dismissed.
2. Pre-trial Diversion Programs
A total of 36 states in the US plus the District of Columbia have pre-trial diversion programs for drug-related cases. Pre-trial diversion programs help arrested drug addicts avoid prison by attending counseling programs. Hence, a pre-trial diversion program enables a defendant to opt for counseling instead of going to trial for a drug crime.
But, pre-trial diversion programs only apply to people arrested for small amounts of drugs. Thus, the quantity of drugs found on you should qualify as intended for personal use, not distribution.
A drug crimes lawyer can help you prove that you are not a drug trafficker or dealer but rather an addict. They can help you avoid going to trial or prison by proving you are eligible for a pre-trial diversion program.
For more information, contact a company like Epstein & Robbins.
Share29 June 2022
Growing up in a law enforcement family, I learned a lot about how arrests take place, what goes into investigations, and more. That gave me a really unique insight when it comes to criminal defense options and the areas where there may be vulnerabilities or loopholes that can be used in court. I've done a lot of research into the legalities of criminal defense as well, so it's allowed me to merge the two and create a site that offers a comprehensive look at criminal defense options and the court's expectations. It's always best to work with a lawyer, but having an understanding of the basics first will help.