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Constructive possession means you have control over the substance, but it is not in your immediate possession. If you are a first-time drug offender, you may be able to have your drug charge dismissed under MCLA 333. The 7411 statute may apply to your case if you've been charged with the use or possession of: - Ecstasy. In most cases, the unlawful possession of drug paraphernalia has more to do with the context of the arrest than with the object itself. Each case involves unique circumstances, which will determine the optimal legal strategy for handling the charges. How to get drug possession charges dropped in colorado. If you've been arrested, then the evidence collected by the police will begin a sequential chain of custody. Recently, attorney Shafer handled a case involving a gentleman who had been charged with aggravated assault with a firearm. For example, if police enter your home without a warrant and start to search around, they have broken the law. Preserve All Possible Evidence. Our office has experienced drug attorneys who know how to defend drug charges, and can work on strategies to help you either beat your drug charge—or divert you from the criminal justice system. Just because someone may be sentenced to some kind of jail or incarceration does not mean they actually will be. The prosecution must prove four facts to prove that you are guilty of drug possession. During this unrelated stop, law enforcement may determine you're in possession of illegal substances.
Marijuana may become legal in the future, but that probably will not save you from fines & penalties in your drug dealing case now. However, if the defendant is registered on the sex offender registry, or if they have previously been convicted of a serious felony, then they can be charged with felony possession. As soon as you're charged with a felony drug crime, contact our office to schedule a meeting with one of our qualified drug charge lawyers.
You can't use evidence to get your charges dismissed when it disappears. The evidence against you and the defense you mount play a key role in fighting drug possession charges. Not all drug charges are classified as felonies. Offenders frequently face possession of drug paraphernalia charges along with other drug-related charges, including drug possession or manufacturing charges. In California, both misdemeanor and felony drug possession charges may be expunged under the Clean Your Record program, as long as you meet the following conditions: - You have completed probation and all other court-ordered requirements for the offense. Those who are facing such charges should carefully explore their legal options. Show There Was an Abuse of Power by the Police. Are you facing drug possession charges in Montgomery County, Texas? Arrested For Drug Possession? How to Get Drug Trafficking Charges Dismissed. Illegal Manufacture of a Controlled Substance. The next step is an arraignment hearing. For example, the prosecution might have limited evidence tying you to the controlled substances they discovered. For example, the officer will have to arrest or apprehend you in some way in order to discover you are in possession of an illegal or controlled substance.
A Simple Possession charge that alleges you were in possession of a controlled substance, which means it was found on your person or in your pocket (backpack, purse, shoe, etc. ) Specifically, we will examine the following scenarios to ensure the police acted lawfully in charging and/or arresting you. Penalties for a misdemeanor possession charge include up to one (1) year in county jail, and/or a fine of up to $1, 000. How to get a drug possession charge dismissed? | Moffitt Law. Drug laws change often.
That's true also for more serious felony drug charges like possession of cocaine, heroin, MDMA, or "PWISD cocaine" or drug trafficking charges. While you are entitled to act in your own defense, it is usually wise to seek legal guidance from an experienced criminal defense attorney. Generally speaking, a felony drug charge in California consists of a crime that carries a maximum sentence of more than one year either in jail or in prison. Our office has drug offense attorneys who can discuss the eligibility criteria for PC 1000, and who may be able to help you obtain a dismissal. • Possession of paraphernalia. How to get drug possession charges dropped. 3355 to schedule your free consultation. The State of Georgia authorizes courts to establish and operate drug courts. Your charges could be dismissed if your drug defense attorney can prove that the cops are guilty of law enforcement misconduct. These are some of the most common ways that you could get your drug charges dismissed. Once you complete the program, your charges are dismissed and you will not have a criminal record. Proving you did not know the drug you possessed was a controlled substance. If it is, they can comply with the requirements to raise this issue and question the police about their actions.
It is hard to get felony drug charges dropped, but any charges can be dropped or reduced under the right circumstances and with the help of the right lawyer. Anyone could face drug paraphernalia charges for possessing everyday material such as pipes, plastic bags, syringes, scales, mirrors, and tinfoil, among others. Proof of Knowledge or Intent. Getting Drug Charges Dropped | Santa Rosa Criminal Defense Lawyer. At the station, you'll go through the booking process.
You can breathe easier knowing the results should come back negative. After the substances are dismissed as evidence, then the charges usually follow. Here in California, you absolutely can. Deferred adjudication or disposition. Facing drug possession charges is a serious felony and can carry hefty penalties and jail time.
Most defendants get to see the evidence against them transferred between police, photographers, and evidence lockers. A drug crime conviction can pose lifelong devastating effects on a person's life and burden their families. For example, in some cases, the district attorney may be willing to reduce a felony drug charge to a misdemeanor in exchange for a guilty plea. Fortunately, we can often attack the reliability of these informants. If your arrest was made based on illegally obtained evidence, a judge might dismiss your charges. Lack of Probable Cause. Your legal representation wants you to take an active role in your case.
When Can Drug Charges Be Dropped in California? In these cases, it will take work by your attorney to convince a jury you were unaware of the what was in your possession. Also referred to as a "7411, " this statute allows for offenders who have never been convicted of another drug crime eligible to have their case dismissed. In either case, the class must be attended in-person and requires 15 hours of instruction. Whether you intend to use, distribute, or hold them for a friend, you fall into this category if they are found on your person. Specifically, you could avoid a conviction if you were unaware of a controlled substance in your possession.
If law enforcement finds marijuana on your person, in your bag, in your car, or anywhere else around you, you may face charges for possession of marijuana in Arizona. Did the police have a lawful reason to stop you? Drug Possession Charges in Michigan. 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.
The court may refuse to allow the state to present evidence gathered in violation of the constitution. If you're able to be released, the magistrate will also determine the conditions for your release. 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. Some police will cover their cameras or turn them off when they do something they shouldn't. Are you or someone you know facing drug charges in Cincinnati, OH? Understand Search and Seizure. A good example is where someone else planted the paraphernalia in your car, in-person, or in your residence without your consent or knowledge. The Law Offices of Steven R. Adams is recognized by Super Lawyers, Best Lawyers, The Best Lawyers in America, National Trial Lawyers Top 100, and is one of U. S. News' Best Law Firms. Eisenberg Law Office, S. 308 E. Washington Ave., Madison, WI 53703 USA (608) 256-8356. As a former prosecuting attorney, Steve Adams knows what must be proven in order to get a conviction, as well as the rules police officers must follow when making an arrest. Constructive possession is a little more tricky, as it means the substance was not in the person's direct control. Luckily, you have options to dismiss your charges depending on your case.
First-Time Drug Offender Defense. The program requires the individual to enter a plea of guilty or "no contest" to the charge. The State Attorney would then be shown another facet of the case law enforcement had failed to mention, whatever reason. It is important to discuss these four points with an experienced drug attorney. Your defense lawyer can help you get the evidence you need to prove you have a prescription.
Prosecutors will decide whether or not to charge you with possession with intent to deliver, using any evidence to prove you are a drug dealer. What Is Drug Trafficking in Pennsylvania? Some felony drug charges can be dismissed under 7411, and offenders may obtain probation and avoid jail time. Law enforcement must have a valid reason to stop you. I added that these searches include a stop-and-search in the street and traffic stops.