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 be behavior 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 circumstances without intrusion and undue influence from police, you would not have been in the circumstance 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.