If you've been charged with possession of a controlled substance (or illegal drugs), you're likely feeling overwhelmed and concerned about your future. Drug charges can have serious, long-lasting consequences that impact your personal freedom, employment opportunities, family relationships, and overall quality of life. However, being charged doesn't automatically mean you'll be convicted or have to serve jail time. Understanding your rights and working strategically with an experienced attorney, like the lawyers at Garland, Samuel, & Loeb, can significantly increase your chances of having your charges dropped or reduced. In this article, you'll learn effective strategies to have your drug possession charges dismissed and regain control over your life.
One of the most critical factors influencing the outcome of a drug possession case is knowing and exercising your legal rights. First and foremost, you have the constitutional right to legal representation. The Sixth Amendment guarantees your right to have an attorney present during police questioning and throughout all court proceedings. Having professional legal support ensures you do not accidentally incriminate yourself and that your defense is robustly represented.
If you are pulled over by police (like for a traffic stop) or if they arrive at your doorstep, it is critical to remain silent. Just say firmly and politely “I want to speak to my lawyer.” You must be clear in your request. You cannot say “Do I need an attorney?” or “I think I want to talk to my lawyer first.” You must be unequivocal. If you tell the police you want a lawyer, the police must cease all questioning at that point. If they do not honor your request for a lawyer and keep questioning you, then your statement might be subject to suppression before trial.
Additionally, understanding your Fourth Amendment rights can be crucial in drug possession cases. The Fourth Amendment protects citizens against unreasonable searches and seizures by law enforcement. This means that if drugs, controlled substances, or related evidence were obtained through an unlawful search—without probable cause, consent, or a valid warrant—your attorney can argue to have this evidence excluded from the court proceedings. Since drug possession charges heavily depend on the evidence collected by the authorities, challenging its legality can often lead to charges being significantly weakened or completely dropped.
Beyond understanding these constitutional rights, individuals facing drug charges should also be aware of the importance of remaining silent during interactions with law enforcement. You have the right to remain silent and should exercise this right immediately upon arrest. Anything you say can be used against you later in court. It is advisable to speak only after you have consulted with your attorney, who can guide you through any necessary interactions with investigators or prosecutors.
Furthermore, knowing the legal definitions and classifications of drug possession in your jurisdiction can also empower you and your attorney to better navigate the complexities of your case. Different jurisdictions categorize drugs differently and impose varying degrees of penalties depending on the substance involved. The lawyers at Garland, Samuel, & Loeb have years of experience defending these charges and are often consulted by other lawyers because of our expertise in this area. Some jurisdictions in the state of Georgia do not prosecute possession of marijuana less than an ounce (it is still a crime under Georgia law, it is just not prosecuted by certain prosecutors’ offices). The quantity and type of drugs can determine whether you are charged with a felony or misdemeanor, or whether the charges are prosecuted by the state or federal government. For example, possession of marijuana less than an ounce is a misdemeanor under Georgia law. Drug trafficking is defined as possession with intent to distribute of over a specified quantity of drugs. Understanding this can help your attorney strategically prepare your defense. You can learn more about our work defending those charged with federal crimes here.
Additionally, understanding the potential penalties associated with drug possession charges can help you and your attorney better gauge the stakes of your case and create a more tailored defense strategy. Penalties for these criminal charges can range from fines and probation to extended incarceration, depending on the circumstances and jurisdiction.
Another important right to understand is your entitlement to due process under the law. This means you have the right to fair treatment and proper legal procedures throughout your criminal proceedings. Any violations of due process, such as prolonged detention without charges or improper judicial procedures, can become grounds for challenging your case.
A skilled criminal defense attorney is indispensable when attempting to have criminal drug possession charges reduced or dismissed. You can read more about our defense of drug possession charges here.
Here are several ways an attorney can actively assist you:
Accessing and Reviewing Evidence
You have the legal right to access all evidence that prosecutors intend to use against you, known as “discovery”. Navigating the complexities of obtaining and analyzing this evidence can be challenging without expert legal help. An experienced attorney will simplify this process, making sure you have a full understanding of the evidence and strategizing how best to challenge its admissibility, credibility, or relevance in court. Detailed scrutiny of this evidence can uncover flaws or misconduct by law enforcement or the prosecution, which could greatly benefit your defense.
Our law firm has been successful in getting evidence suppressed (thrown out) due to violation of constitutional rights or Georgia law. Suppression of evidence in drug possession cases can lead to the entire case being dismissed.
Identifying Procedural Issues
An experienced criminal defense lawyer, like the lawyers at our law firm, will thoroughly review the specific details and circumstances of your case to uncover potential procedural or constitutional violations. Common issues include unlawful stops, illegal searches, invalid warrants, improper handling of evidence, or failure to advise the accused of their Miranda rights during questioning while in custody. Such procedural missteps can be pivotal in arguing for the dismissal or significant reduction of drug possession charges.
Expert Witnesses and Independent Investigators
Another critical resource an attorney might employ to strengthen your case is the use of expert witnesses and independent investigations. Expert witnesses, such as forensic specialists, psychologists, or medical experts, can testify regarding the accuracy of drug tests, the defendant's mental health, or other relevant matters. Independent investigations may also uncover overlooked evidence or discrepancies in police reports, further strengthening your defense.
Recent changes to state and federal law have legalized hemp possession. Hemp is defined as containing no more than 0.3% of THC; meaning that legal hemp and illegal marijuana are visually indistinguishable. If the district attorney does not prove that you possessed a substance that contained more than 0.3% of THC, then they would not meet their burden of proof in order for a jury or judge to find you guilty of actual possession; meaning your possession charge should be dismissed. An experienced criminal defense attorney, like the attorneys at Garland, Samuel, and Loeb stay up to date on changes to state and federal law in order to mount the most effective legal defense for your case.
Pretrial Motions and Hearings
Filing pretrial motions is another effective way attorneys fight drug possession charges. Motions can seek to suppress evidence, challenge the legality of the arrest, or question the validity of warrants. Successful pretrial motions often result in the dismissal of the charges before the case even goes to trial.
Do not do this alone. Getting quality legal advice is critical. Navigating drug possession charges without professional guidance can dramatically decrease your chances of a favorable outcome. At Garland, Samuel & Loeb, our dedicated criminal defense attorneys specialize in aggressively defending clients facing drug-related charges. We meticulously examine every detail of your case to build a strong defense aimed at reducing or dismissing charges.
We understand the serious impact a drug possession conviction can have on your life and strive to provide compassionate, individualized representation that aims to minimize disruption and achieve the best possible results.
Negotiating with Prosecutors
Attorneys routinely negotiate with prosecutors to achieve favorable outcomes for their clients. It may be in your best interest to negotiate a plea to your criminal charges for possession drugs or controlled substances. Your attorney can argue mitigating factors such as a lack of prior criminal record, personal character, community involvement, or procedural mistakes made by law enforcement during the investigation. By effectively presenting these factors, your attorney might persuade prosecutors to reduce the charges or agree to alternative resolutions, such as drug rehabilitation programs or probation rather than incarceration. The lawyers at Garland, Samuel, & Loeb have an excellent reputation in the legal community; this reputation can help our lawyers achieve a more favorable resolution in your case.
Utilizing Diversion Programs and Alternative Sentencing
In some jurisdictions, courts offer diversion programs and alternative sentencing options designed specifically for individuals facing drug charges. These are most usually available to first time offenders and people with little or no criminal history. Diversion programs typically involve attending drug counseling sessions, treatment programs, community service, or educational courses. Successfully completing these programs often results in charges being reduced or even completely dropped. Georgia also has a law that allows for a conditional discharge (dismissal) of drug possession charges in certain instances, which usually depends on a person’s criminal history (or lack thereof). Your attorney can evaluate your eligibility for these programs and negotiate your entry, significantly improving your prospects for a positive outcome.
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