Criminal Defense Lawyer
A person arrested for drug possession should take the charge very seriously and obtain legal representation immediately. Depending on the type of drug that was in possession, the accused may face either a misdemeanor or felony charges. If the officer believes the accused had an intent to distribute these drugs, even more heavy penalties and jail time may result. If drugs were found that exceed a specific quantity, it may be wrongfully assumed the accused had intent to distribute.
Sometimes, the judicial system awards harsher consequences than necessary to those accused of drug possession. An attorney can help someone accused of drug possession build a criminal defense strategy that can reduce the charges and subsequent punishments.
Defenses for Drug Possession
Depending on the circumstances surrounding the arrest, the accused may use a variety of defensive strategies in hopes of an acquittal or decrease of charges. Defending a drug possession charge may be challenging, but is possible if the accused along with an attorney utilize any or a combination of the following:
- Illegal or unlawful search and seizure committed on behalf of law enforcement
- The drugs confiscated belong to another individual who was recently in the car, home or other location of the arrest
- The drug in itself is not actually a controlled substance, and the officer wrongly identified the drug as something illegal
- Evidence of the drug taken was lost during the trial, which can weaken the prosecution’s case
- The accused was coerced to carry or sell drugs due to being threatened by another individual, or influenced by police
Having the Drug Tested
As briefly stated above, an officer may wrongly identify a drug as being illegal, when it is in fact just an over the counter pain killer or other medication. An officer may be too hasty when making an arrest, before taking a closer look at the drug in question. You may want to request that the drugs confiscated from you are evaluated in a laboratory for proper identification.
Whether Drug Possession is a Felony or Misdemeanor
Whether a drug possession charge is considered a misdemeanor or felony, can depend on a variety of factors including the kind of substance confiscated, the amount, and whether the accused obtained for personal consumption or distribution. Misdemeanors may result in fines, while a felony charge may mean the accused has to pay hefty fines and even spend time behind bars. Your attorney can work on building a defense to where you may be able to perform community service or other tasks in exchange for a reduction, or drop of charges.
Hiring an Attorney for Drug Possession Defense
A person who has been arrested and accused of drug possession, can benefit from the insight of a top drug possession lawyer Bloomington, IL trusts. Every state has different laws pertaining to drug possession offenses, so what you gather through an internet search and talking with friends or family may not be the correct information. An attorney who understands the judicial system, can provide you with the specific laws pertaining to drug possession offenses for your state and jurisdiction. An attorney can help you get prepared, represent you during the trial, and fight for a reduction or acquittal of charges.
Thank you to our friends and contributors at Pioletti & Pioletti for their insight into criminal defense and drug charges.