However, possession of marijuana for personal use is a federal misdemeanor. CALL KETCHEL LAW TODAY: 412-456-1221 FOR A FREE CONSULTATION. Proof of Substance/Lab Tests of the Alleged Drug. By no means should that be assumed or is it a promise. Drug Trafficking Charges in PA. - Pittsburgh Drug Attorneys. However, the criminal charges associated with possessing a controlled substance vary significantly. As former prosecutors, we understand the intricacies of the law and are aware of potential defenses that may be available in your misdemeanor drug case. There are a number of defenses that a skilled drug defense attorney can use to battle your charges. Each case is unique, and the type of deal you are offered depends on what drugs you had, the amount, whether you were part of a violent crime, and other factors. The defendant had to follow all the laws. 5 Most Common Reasons That Drug Charges Get Dismissed. Reach out right away for your free consultation. In Florida, the State is not required to hold court proceedings to decide what charge or charges should be brought. For example, if you were driving another person's car and police found drugs in the glove compartment, it does not automatically mean they were yours.
Defendant Has a Prescription. Drug Education Class in Charlotte. Attorney Dan Carman can help you with any criminal defense matters you may need including; DUI, drug, and weapons charges, trespassing, traffic violations and more. If you have been charged with Constructive Possession, this means the drugs were found somewhere that you have control over or access to, such as the car you were driving or the house you live in. Most people agree that this is better than receiving a sentence of four to 30 years. Show There Was an Abuse of Power by the Police. When you're charged with a drug crime, several events will occur before you're formally charged. You could go to jail. If the state cannot prove you had knowledge of the drugs or an intent to distribute the drugs, this can result in dropped charges. Manufacturing of a controlled substance charge. How to get drug possession charges dropped in indiana. This evidence comes in many forms and depends on the defense you choose, but the most important thing is to preserve anything you might want to use as evidence in your trial. Show There Was Some Mistake Made. Being treated differently or accused of a crime based on your religion, gender, or race. Think about the circumstances surrounding your arrest.
You'll likely be apprehended by law enforcement. Police sometimes use informants to locate drugs, paraphernalia, and to identify drug dealers. There is a world of difference between dealing/delivery vs. possession charges. The lack of prior record also certainly makes a huge difference. If you have been charged with a misdemeanor drug possession offense, it is important to contact an experienced criminal defense attorney at Browning & Long, PLLC to help protect your rights. Or, you plead guilty, and your charges stay, but the punishments are lessened. Understand Search and Seizure. If you were charged after a search and seizure and the police violated your Constitutional rights, a motion to suppress the evidence can be brought. You are not charged with any new criminal charges within a designated period of time. However, it involves no court proceeding. How to get drug possession charges dropped in florida. This is something that will be done before your case goes to trial and could result in a suppression hearing.
This may occur if you were carrying a bag for someone else or were delivering a package but did not know the contents. As part of your defense, your criminal drug possession lawyer should review the actions of the police to determine if a motion to dismiss the charges is viable for you. Who Can Dismiss Your Case? You are also eligible to file for an expunction, also known as expungement, of your criminal record, that is the fact that you were charged, under North Carolina G. 15A-145. While the same may be true about avoiding a maximum sentence outcome on a drug dealing charge, it is equally true you are far more likely to actually go to jail or prison on a drug-dealing charge than a 1st or 2nd offense possession charge. Learn More From Santa Rosa Criminal Defense Lawyer Amy Chapman. We will leverage our combined decades of experience to provide you with a strong criminal defense for your drug paraphernalia charge. How to Get Felony Drug Charges Dismissed. While there is no specific list of items considered drug paraphernalia in Arizona, some of the most common items that are considered drug paraphernalia include: - Baggies. Each case involves unique circumstances, which will determine the optimal legal strategy for handling the charges. Let's take a moment to really discuss some of the most important drug law loopholes. Our efforts have resulted in int favorable plea bargains and even dismissed charges. If you've been arrested, then the evidence collected by the police will begin a sequential chain of custody. Although it is a significant commitment, the result may be that your drug possession charge is dismissed.
Unlawful Search and Seizure Actions. Do not face the prosecution on your own. Have your lawyer question how many false positives the crime lab gets per year. A skilled defense lawyer will help you avoid that link. Are you facing drug possession charges in Montgomery County, Texas? If you've been arrested and taken to jail, we're here to help.
Sometimes they're in the wrong place, at the wrong time, with the wrong people. Other times, maybe you have a number of mistakes on your record, and we all know the Judge is going to slam you if you are ever convicted. Your attorney could ask the court to prohibit the state from using any of the evidence they collected from the illegal search against you. If you're ready to get started, we're prepared to hear from you. Here are six ways an attorney can help beat your charges: 1. Contact us to get help today. Non-violent offenders who qualify to participate may receive treatment and judicially-supervised probation. That is why it is always a good idea to have an attorney involved as soon as possible after an arrest occurs. At Sentencing, Your Clean Record Would Help Determine The Penalties. An officer of the law (or agent acting on their behalf) cannot force you to buy, sell, take, or hold drugs under any kind of threat. Probable cause is the cornerstone of any criminal case. A dismissal of charges is not automatic. Fifth-degree drug offenses carry the lightest penalties, while first-degree drug charges have the steepest penalties.
The results of a crime lab may be the salvation you need to prove your innocence. Our attorney could review every aspect of your arrest and interrogation to determine if your rights were violated. Unlawful search and seizure are some of the most popular defenses against false drug charges. However, this is not always possible.
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