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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. It is a much more severe charge than drug possession. 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. The Moffitt Law, LLC criminal lawyer team wants you to know how to get your drug possession charge dismissed. If you are ever caught with drugs or drug paraphernalia, there is a strong chance that you will be arrested and face significant fines, a lengthy driver's license suspension, probation, and drug treatment.
Generally, this drug education class must be completed at a service provider approved by the prosecutor's office. Possession for sale means the person was possessing an illegal substance with the intention to sell it. If the state cannot prove you had knowledge of the drugs or an intent to distribute the drugs, this can result in dropped charges. This defense is common when the drugs are someone else's and you're looking to beat a distribution charge. Qualifying for deferred adjudication through the Georgia First Offender Act is not automatic. Call 608-256-8356 or email to schedule your free consultation. Drug Trafficking Charges in PA. - Pittsburgh Drug Attorneys. OUR NUMBER ONE GOAL: GETTING YOUR DRUG CHARGES DISMISSED. Bill Powers, Defense Lawyer. We take a close look at the actions the police took that led to the discovery of the drugs or the drug paraphernalia. Copyright © 2019 Eisenberg Law Offices, S. C. All Rights Reserved SiteMap. In deciding how to handle any charge or criminal charges, DA's take into consideration a series of factors, including the relative strengths and weaknesses of the legality of a "drug bust, " the lack of a prior record, cooperation with law enforcement, and the intent of the person allegedly in possession of the illegal drugs (intent to sell or distribute, drug trafficking, etc. If you successfully complete PC 1000 drug diversion, the charges are dismissed.
The 7411 statute may apply to your case if you've been charged with the use or possession of: - Ecstasy. You were not sentenced to state prison for the conviction, or. Turn to a Sarasota, FL Drug Defense Lawyer for Help. It helps to get legal advice and to make certain you know your legal options before entering a plea or accepting the terms of a plea agreement or deferral program. If the police officer conducted an illegal search or seizure or arrested you without probable cause, our law firm will immediately file a suppression motion seeking a dismissal of your charges. If you want the chance to beat your drug charge and avoid these consequences, you need excellent representation on your side. It sounds crazy that the authorities might overstep legal boundaries, but it is not uncommon. A conviction for drug possession charges can have devastating lifelong consequences, including potential complications in finding employment, housing, and financial aid for post-secondary education. Consequences for charges for possession of drugs rest upon the type of drug (narcotics, dangerous drugs, etc. ) Contact us today for a free consultation. Legal Bases for Dismissal of Drug Charges include: It's important to understand drug crimes, like each person facing criminal charges related to the illegal possession of controlled substances, are different.
A search without a warrant or probable cause provides you an opportunity to file a motion to have that evidence suppressed and thus weaken the case against you. Additionally, people who are charged as first time offenders in Saint Lucie County with misdemeanor cannabis possession without a prior felony history may qualify for pre-trial intervention and diversion through what is commonly known as "drug court. " This led to a full dismissal of the case. Learn More From Santa Rosa Criminal Defense Lawyer Amy Chapman. The prosecution must show that you had a controlled substance in your possession and you distributed it or intended to do so. Once you have given the officer a reason to search your vehicle, if they find drugs, then you will likely face drug possession charges. Attorney Shafer, with the assistance of investigator Brad Perron of Investigative Support Specialist, Inc., of Stuart, Florida, was able to obtain videos showing that the crime charged was not what actually had occurred. Florida's numerous seaports make it ripe for importing illegal substances, meaning that it has some of the highest numbers of drug arrests, charges, and convictions in the country. The Law Offices of Benjamin Nadig can help you fight a drug paraphernalia charge and have it dropped. There are several ways to defend against drug possession charges.
A skilled and experienced defense attorney team will be able to do everything to maximize the chances of both getting the charges dropped and protecting you from the most amounts of penalties. The legal team at the Law Offices of Brandon White can provide the kindness you need during a trying time while crafting an aggressive and effective defense strategy. If there is a considerable lack of evidence, the charges could be dropped. Felony charges, regardless of the class of felony (Class G), are always extremely serious. At Ketchel Law, our greatest strength lies in critically analyzing and dissecting the details of a police officer's report looking for inherent weaknesses and questioning the testimony of any experts or witnesses. This means that police cannot search you or your property and take evidence without a warrant, permission, or probable cause. Typically, penalties for drug charges include: - Jail time. What Is a Drug Crime?
Wisconsin expungement laws may not help you. In some cases, it might be possible to have the substance charge dismissed in Minnesota. A crime lab won't give you the proprietary information, but the optics for your defense will look good. Even if you are convicted of something as a result of tough negotiations with the prosecutor, it is extremely important to deal with any idea the government may have that you are "drug dealer.
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. The police did not allow the defendant to have an attorney present during questioning. You were a victim of police entrapment. Schedule a free consultation with a drug defense attorney at Eisenberg Law Offices. Drug charges, and their defense in court, deserve a close and careful review of the fact-pattern and what happened on-scene. 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. Officers are busted for excessive force, unlawful search and seizure, unlawful arrest, and other infractions more often than you think. 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. As such, the first step for many defense lawyers is to answer this question: Can the State prove its case?
Thus, the defendant went from facing a 3-year mandatory prison sentence, to in the end receiving misdemeanor probation. Any of these informants can give the police the ammunition they need to pursue a search warrant, and any one of them can provide testimony in a legal proceeding. Once you're apprehended by police for drug possession, law enforcement will transport you to the local police station.