Important Considerations When Facing A Drug Charge
In the case of a drug charge, you will need the help and service of a criminal law attorney (such as one from Larson, Latham, Huettl Attorneys) who can help you out. You will need to understand what you are going up against so that you can formulate the best defense or strategy. As you look into hiring a criminal law attorney, you should begin consider some of the defenses and strategies that you can employ below, in order to avoid jail time and protect your future.
The Courts Must Prove That You Were In Possession Of The Drugs In Question
In a court of law, you are innocent until proven guilty. For that reason, the burden of proof lies with the prosecution. With a possession charge, that means the burden of proving that the drugs were in your control must be proven beyond a shadow of a doubt. For example, if you are arrested while walking and the police combed the area and find a bag of narcotics nearby that they claim you ditched to avoid the charge, this is a heavy burden to prove and your lawyer should be exercising this facet of the law to hold the prosecution accountable.
A Charge Cannot Stand If It Stemmed From An Illegal Search And Seizure
An illegal search and seizure is also a very important thing to keep in mind in reference to drug charges. You are protected against these illegal procedures under the fourth amendment. For that reason, if a police officer performed an illegal stop or violated your vehicle or place of residence in order to find the drugs in question, they were in violation of this law and the charges cannot stand.
Sometimes A Plea Bargain Is The Best Case Scenario
When you are not sure of your chances in court and your attorney advises you that the eyes of acquittal did not look good, you should consider taking a plea bargain. In many cases, a plea bargain allows you to accept a lesser charge to avoid or less in jail time and to forgo the expensive and lengthy court procedure. With drug charges, you can typically join a diversion or drug abuse education program -- particularly if you are a first-time offender. When the evidence against you is compelling, this may be your most favorable option.
A high-quality criminal defense lawyer will be able to help you weigh your particular situation, in order to come up with the strategy that is most likely to give you the best possible outcome. Take advantage of this information as you reach out to a criminal defense lawyer for your case.
