Last Updated on: 17th October 2023, 10:57 pm

How an Attorney Can Help Get Drug Charges Dropped or Reduced

Getting arrested for drug charges can be an incredibly scary situation. Even a minor drug offense can carry serious penalties like jail time, fines, probation, or a criminal record. The good news is that an experienced criminal defense attorney can often help get drug charges reduced or even dismissed entirely.

An attorney who specializes in drug crimes will know all the options available for fighting your charges. They’ll look at the details of your case, then advise you on the best legal strategies based on factors like:

• The type and amount of drugs involved
• If it’s a first offense or repeat offense
• The circumstances of the arrest
• Your criminal history
• State drug laws and potential penalties

Some of the main ways a lawyer can help fight drug possession, trafficking, distribution, manufacturing, and other drug charges include:

Filing Motions to Suppress Evidence or Dismiss the Case

If there were any constitutional violations related to the search or seizure of evidence, an attorney can file a motion to suppress that evidence. For example, if police conducted an illegal search without a warrant or probable cause, the evidence found may be excluded.

Likewise, a lawyer may argue there are legal grounds to dismiss the charges altogether due to things like improper police procedures, insufficient evidence, or violations of your rights.

Negotiating Plea Deals

In many drug cases, pleading guilty to lesser charges can result in much lighter sentencing. An attorney will negotiate with the prosecution to reduce the charges in exchange for a guilty plea. This avoids the risk and expense of a trial.

For example, a felony possession charge could potentially be reduced to a misdemeanor with no jail time. Trafficking charges may be lowered to simple possession. Mandatory minimum sentences could be waived through a plea agreement.

Providing Affirmative Defenses

Certain circumstances allow defendants to avoid responsibility for drug crimes even if the basic facts are true. Common affirmative defenses in drug cases include:

• Lack of Knowledge – You didn’t know there were drugs present.
• Entrapment – Law enforcement induced you to commit the crime.
• Duress – You were forced to commit the crime under threat.
• Necessity – You broke the law to prevent a greater harm.

An attorney can argue one of these defenses at trial to fight the charges. For example, if someone hid drugs in your bag without your knowledge, you may use the lack of knowledge defense.

Questioning the Validity of Evidence

Police must follow strict rules regarding searches and handling of evidence. A defense lawyer looks closely for any mistakes made in collecting or testing the evidence. Errors like contaminated drug samples or broken chain of custody can invalidate evidence.

Avoiding Mandatory Minimum Sentences

Some drug charges like trafficking carry lengthy mandatory minimum prison sentences. But an experienced lawyer knows how to avoid these through strategies like:

• Securing a plea deal to lesser charges
• Qualifying for the “safety valve” exception
• Proving the drugs were for personal use, not distribution
• Arguing sentencing entrapment

With the right legal arguments, mandatory minimums can often be sidestepped.

Getting Charges Sealed or Expunged

If charges are dismissed or reduced to a minor offense, an attorney can petition the court to seal or expunge the criminal record. This protects your reputation and future opportunities.

In conclusion, an experienced drug crimes lawyer has many avenues to get charges dropped or reduced, minimize penalties, and advocate for second chances. With proper legal advice and representation, a positive outcome is very possible even when facing serious drug allegations.