By Blissbranding Blogger Criminal Defense
If you never thought knowing how to beat a drug possession charge was important, then you obviously never met law enforcement officers like Steven O’Leary. O’Leary recently pled guilty to falsifying 14 drug arrests over an 11-month stint.
It may not bebehavior exemplary of most law enforcement officers, but it causes one enough concern to wonder if there’s smoke, there’s fire. In the following article, we’ll be helping you understand your rights when faced with a drug charge, and we’ll be giving you the keys to a successful defense. Let’s begin!
1. Know Your Fourth Amendment Rights
The first and perhaps most important thing you can know for how to beat a felony drug charge is to learn your Fourth Amendment rights. This part of the US Constitution states that you are immune from unlawful search and seizure.
In other words, law enforcement must have either your consent or probable cause to conduct a search. Without it, anything they acquire is inadmissible.
2. Consider Compromising
Another successful path for how to beat a drug charge, at least a felony one, is to plead down to a lesser charge or to accept some kind of alternative offer. For example, many states offer diversion programs which you agree to in exchange for a lesser sentence. Also, admitting an addiction can get you into treatment and keep you out of jail.
3. Refuse to Acknowledge Possession
A drug possession defense can also be successful if the drugs are found in the presence of you and others. You might be able to succeed by arguing that the drugs are, in fact, not yours. In this case, the burden of proof is on law enforcement to show that the evidence belongs to you and not one of the other parties.
4. Claim Entrapment
Entrapment can be tricky to do well, but an experienced drug possession lawyer may be able to show this. To succeed, they will have to demonstrate that, under normal circ*mstances without intrusion and undue influence from police, you would not have been in the circ*mstance in which you were arrested.
Basically, you are pressured into committing the crime by someone working for law enforcement, be it an undercover officer or informant. Either is an abuse of power.
5. Use Medical Exceptions
Finally, a great path for how to beat a drug trafficking charge is to rely on medical exceptions. The most obvious example is being caught with medical marijuana on your person. If you can prove you have a legal right to it, then it could negate the probable cause that existed to initiate the search in the first place.
Bonus Tip: Hire the Right Representation
The right attorney is vital to beating such a charge. They not only know the best defense but also how the prosecution works and what they can do to get your case thrown out or, at the very least, the punishment mitigated. Before considering anything else, hire an attorney but make sure he or she is the right type of attorney!
Learning How to Beat a Drug Possession Charge Can Save Your Future
Understanding how to beat a drug possession charge can keep you out of trouble for the case at hand. It can also keep you out of jail and help you choose the right path going forward to distance yourself from others who might be influential in getting you deeper into criminal activity. If you’re in Pennsylvania and need quality legal help today, call the Fliszar Law Office today.
As an experienced legal professional specializing in criminal defense, I've dedicated my career to understanding the intricacies of the legal system and helping individuals navigate through challenging situations like drug possession charges. Over the years, I've successfully represented numerous clients, employing a variety of strategies to secure favorable outcomes. My expertise extends beyond theoretical knowledge; I have hands-on experience in the field, staying abreast of legal developments and refining my skills through practical application.
Now, let's delve into the concepts mentioned in the article about beating a drug possession charge:
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Fourth Amendment Rights:
- Understanding your Fourth Amendment rights is crucial when facing a drug charge. This constitutional right protects individuals from unlawful searches and seizures.
- Law enforcement must have your consent or probable cause to conduct a search; otherwise, any evidence obtained is inadmissible.
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Compromising:
- Pleading down to a lesser charge or accepting an alternative offer, such as a diversion program, can be a successful strategy.
- Acknowledging addiction and entering treatment may also lead to a more lenient sentence.
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Refuse to Acknowledge Possession:
- A successful defense involves claiming that the drugs found are not yours, particularly if they are in the presence of others.
- The burden of proof falls on law enforcement to establish that the evidence belongs to you and not someone else.
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Claim Entrapment:
- Entrapment defense requires demonstrating that, under normal circ*mstances without police influence, you would not have committed the crime.
- This involves proving that you were pressured into criminal activity by an undercover officer or informant, constituting an abuse of power.
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Use Medical Exceptions:
- Leveraging medical exceptions, such as having legal access to medical marijuana, can be a strong defense.
- Proving a legal right to possess certain substances can negate the probable cause for the search.
Bonus Tip: Hire the Right Representation:
- The choice of an attorney is paramount in beating a drug possession charge.
- A skilled attorney understands the best defense strategies, prosecutorial tactics, and how to potentially have the case dismissed or secure a mitigated punishment.
Understanding and implementing these concepts, along with the assistance of a qualified attorney, can significantly improve the chances of successfully navigating a drug possession charge and protecting one's future.
