How to Beat a Drug Possession Charge

What You Need to Know About Beating a Drug Possession Charge

Beating a drug possession charge can be quite difficult, but not impossible. Here’s everything you need to know about beating a drug possession charge.

If somebody is charged with drug possession, serious consequences may follow including jail time, probation, drug screens, fines, marks on permanent records, and more. There is a myriad of defenses that a person may take in order to combat these charges.

What is Drug Possession?

Drug possession is the willful possession of illegal substances, such as marijuana, cocaine, methamphetamine, heroin, ecstasy, etc. The possession of drugs is often criminalized under both state and federal laws and is categorized as either simple possession or possession with the intent to distribute. This is determined by the number of drugs in a person’s possession at the time of arrest and any acquisition of suspicious evidence, such as scales, plastic bags, etc.

Drug Possession Penalties

Simple possession is often considered a misdemeanor and carries lighter consequences. These may include fines, probation, or possible rehabilitation. However, possession with the intent to distribute carries heavier charges, with fines ranging up to $100,000 and possible incarceration for up to 10 years.

What Happens When Someone is Charged with Drug Possession

If a person is arrested for drug possession, there are four main offenses that they may be charged for:

Possession of a controlled substance
Possession with intent to distribute
Sale, trafficking, and cultivating
Obtaining a prescription by fraud

The most important first step is to request legal assistance. Those who are charged with drug possession are first apprehended by law enforcement. This is usually done while one is pulled over for an unrelated issue, such as driving over the speed limit. If a legal officer has enough reason to conduct a search and finds illegal substances in the vehicle, then one may be charged with drug possession.

Until a person has adequate legal representation, they may assert the right to remain silent, and not sign anything. During their arraignment, a person is at liberty to ask the court to post bail. Whether bail is granted or denied is up to the judge.

It is important to identify that there is a differing severity of drug charges depending on the type of drug that one is accused of possessing. This is often classified through varying drug classifications:

Schedule one drugs are considered easy to abuse, do not have medical uses, and carry the greatest danger. These include marijuana, LSD, GHB, and heroin.

Schedule two drugs do possess some medical uses and include prescription medicines such as oxycodone, morphine, opium, methamphetamine, and cocaine.

Schedule three drugs are less likely to be abused and have many medical uses; these include drugs such as Vicodin and ketamine.

Schedule four drugs are predominantly prescription medicines that are not easily abused, including Ativan, Valium, Klonopin, and Xanax.
Lastly, schedule five drugs or medicines that have a low possibility of being abused, including medicines with small quantities of codeine or other narcotics.

Based on the aforementioned drug classifications as well as the number of drugs and other factors, the charge a person faces for drug possession will either be a misdemeanor or felony. As mentioned before, if a person is arrested for drug possession charges, it is important to remain calm and not provide any extra information outside of identification such as name and age. Next, a person should request legal assistance and request to post bail.

Defenses That May Apply to Alleviate the Charges

Before delving into possible defenses, one of the first courses of action a person should take is to study which kind of jurisdiction their charges will be filed through. This is because there are a few jurisdictions that offer diversion programs which may include forms of rehabilitation, fines or court costs, or other programs. Once these are completed or satisfied, obligations or charges may be dropped and no conviction is recorded on the individual’s record.

However if there are no diversion programs offered, a charged person may also fight the charge on merit. Primarily, this is done by challenging the means by which the evidence was obtained. Did the officer lack probable cause? Was the search illegal? Often, officers ask to search in a manner that may make it seem as if the search is obligatory rather than voluntary. If a person refuses to allow a police officer to search knowing they will not be arrested for doing so, and the police officer continues to search, the evidence will not be accepted as valid.

Additionally, many cases incur a weakness in establishing constructive possession. This means that though the drugs were in a person’s possession, the drugs were not actually theirs. They were only in their possession due to certain circumstances and were unaware of their presence.

A possible defense that is often challenging to prove is claiming that a police officer planted a drug on a person while searching. This may occur if a police officer exhibits discriminatory behavior during the search.

Lastly, a person may prove that the substance found was not actually a drug. If this is the case, then that person should challenge the lab report verifying the drug evidence that was found was indeed substantial. The prosecution would then be required to prove beyond a reasonable doubt that the lab reports were fair and honest.

Additional Factors that May Aggravate Drug Possession Charges

In addition to drug classifications, a person may face additional charges due to aggravated circumstances in which the drug possession occurred. These may include:

Possessing a drug in a minor’s presence
Possessing a drug near or any facility used for drug treatment purposes
Possessing a drug in certain public places
Possessing a drug near or on school grounds
Repeat offenses

Possession of schedule one and schedule two drugs often face felony charges. Felony drug convictions will have heftier punishments than misdemeanors.

What to Do When Charged with Drug Possession

The best way for one to defend themselves in this situation is to hire strong legal representation. Having a skilled defense attorney may drastically reduce potential charges. However, there are some general tips for dropping drug possession charges:

Be Familiar with Your Rights: Were they Violated?

Having a good grasp of what rights you have is an important way to defend yourself against unreasonable charges. Namely, it is important to understand your Fourth Amendment rights and how they protect you from unreasonable searches and seizures.

Recognize the Procedure: Was there a Mistake?

If any unreasonable mistake was made during the drug charge procedure, this may be grounds to drop charges altogether. For example, if you were not read your Miranda Rights, then this may be grounds to argue that your rights were violated, therefore leading to a dropped charge.

Consider Your Situation: Can You Compromise?

Pleading for lesser charges or an alternative offer may be a way for you to drastically reduce penalties or have them dropped completely. Such reduced penalties could be reduced fines, shorter jail sentences, or going to rehab instead of jail. According to your situation, some of these options may be more appealing than others.

Claim entrapment: Was there an Abuse of Power?

If you are able to demonstrate that law enforcement abused their power during the drug search, then you may argue to drop charges. While this can manifest in many different ways, some key ways are:

Excessive force or assault
Warrantless searches
Searches conducted without enough evidence
Taking bribes

Beating a Drug Possession Charge

Considering how prevalent drug possession charges have become, it is extremely important to be equipped with the proper tools to defend yourself against any unreasonable violations. Becoming familiar with your rights may be key to dropping drug charges altogether. However, the best thing one can do for oneself is to hire excellent legal representation. If you’re facing drug possession charges and need a lawyer, get your free consultation with a Her Lawyer attorney today.

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