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- DUI and DWI Part 1 - Booking, Arrest, and Bail An "arrest" in strict legal terms occurs when a person has been placed under police custody
- Trying to Find Public Arrest Records? Here is How to Easily Find Public Records From Home
- Drug Possession Charges Three Tips For Getting the Best Defense.
- Drunk Driving 3 Myths About Alcohol and Impaired Driving
- Domestic Violence Charge? Help Your Domestic Violence Attorney Build a Solid Case
- DUI Charge? Keys to Beating an Aggravated DUI Charge
Criminal Defense - 4 Ways to Get Your Drug Charges Dropped
Convictions for drug charges can carry heavy penalties. Even if no jail time is imposed, a criminal record stemming from drug charges may hurt your current and future employment or academic aspirations. Fortunately, there are several reasons such charges may be dropped before prosecution.
The most common reasons are related to special circumstances presented by the police or prosecution. Other options for getting charges dropped may stem from problems with police procedures. There are four main reasons for dismissing drug charges, including agreeing to a plea bargain, cooperating with police, police corruption, and illegal searches.
1. Plea Bargains and Dismissals
Plea bargains are common when other offenses are associated with the drug charge, the prosecutor may decide to dismiss, or considerably reduce, any of the lesser charges in order to focus on a felony charge. Additionally, if you are willing to offer a guilty plea on one of the major charges, the prosecutor may be able to negotiate a lesser sentence or drop the criminal charges on lesser offenses, such as possession of drugs or paraphernalia. Plea bargaining typically occurs directly between the defense and the prosecution, and is an economical means of prosecuting only the most egregious offenses.
2. Cooperating with Police
Another option for getting drug charges dropped involves cooperating with the police in ongoing investigations. This may involve offering information regarding who supplied the drugs, helping apprehend others involved in the offense who may have escaped arrest, or testifying as a witness for the prosecution in a court case. As a result, the charges against you may be reduced or dismissed in exchange for your cooperation. A lawyer can help you during this process.
3. Police Corruption
A third means by which drug charges may be dropped relates to charges of police corruption. In some instances, police officers may be accused of abusing their position and threatening, coercing, or otherwise obtaining information through illegal means. If these charges lead to an investigation, the prosecution may review other, unrelated cases connected to the officer in question. When a police officer is found guilty of corruption, the prosecutor may dismiss other cases in which that officer participated because their credibility is now questionable. It is also possible that prior convictions may be overturned in such cases.
4. Illegal Searches
A fourth reason for having drug charges dropped involves the legality of the search that led to the charge. Searches leading to drug charges must be conducted only when there is reasonable suspicion or probable cause to warrant such a search. For example, being pulled over for not using a turn signal, for having a broken tail light, or for some other minor traffic violation, in and of itself, does not constitute probable cause to search for drugs. In those cases, drug charges stemming from such illegal searches may be dropped because the evidence was obtained unlawfully. Also keep in mind that you have the right to refuse a search. This is particularly important during a home search. The Supreme Court has ruled that a signed warrant must be obtained for any home searches, unless consent is given for an officer to enter the home. Once legally in the home, anything in plain view may become evidence that can be used in criminal proceedings.
If you are detained on drug charges, the best response is to politely tell the arresting officer that you do not consent to any searches, and remain silent so as to avoid incriminating yourself. You should also ask to see a lawyer before answering any questions. If the charges lead to a criminal case, follow your lawyer's instructions throughout the legal proceedings.
Although there are several ways to get out of a drug charge, it is best to consult with an experienced attorney before proceeding. A lawyer with experience defending those charged with drug related offenses can offer invaluable advice throughout the legal process.
An arrest and drug charge comes with many consequences. Contact me today for more information
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