How to Fight Drug Possession and Distribution Charges

By Oscar McAlister posted 01-02-2021 14:27

  

When an individual is charged with drug possession and intent to distribute, they may need to seek legal help immediately. Sometimes the suspects may be innocent, and therefore, a lawyer is needed to facilitate the defense in a court of law. 


Fighting against drug possession and distribution may be hard to prove if there is a lack of sufficient and reliable evidence to support the claim. This is how to fight drug possession and distribution charges.


Refer to drug court


In some states, your case can be moved to a city or county-specific drug court. Drug courts are special specialized court sections that deal with drug-related cases. Their main purpose is to provide legal environments for the recovery of people struggling with drug addiction instead of punishing them.


Drug courts facilitate regular court appearances over time rather than jail term or fine. In the drug courts, you need to plead guilty to the drug possession offense and this can prove fruitful in the long-term. When planning your defense, inquire from your lawyer if a drug court is available in your area.


Try to drop the case


In rare cases, the court may drop the case entirely due to constitutional mistakes that may have been made during your arrest. For example, if you were arrested without probable cause, your case may be dropped. This may be tricky if the judge fails to agree with the event interpretation surrounding the arrest.


Involve a lawyer in every aspect of your case to make sense for a professional criminal investigation. Monder Law Group in San Diego, headed by Vik Monder, is a perfect choice because it consists of attorneys with the experience necessary to represent you in case of any drug conviction. 


Vik Monder, an award-winning criminal attorney, has a Master's degree in trial advocacy in criminal defense to ensure that people get justice when they deserve it.


Make a plea deal


Depending on the circumstances prevailing in your case, the state attorney may decide to reduce the sentence in exchange for a plea deal in that case. The attorney may also downgrade your charges in a bid to execute a plea deal in your favor. 


Plea deals are suitable for low-level felony cases that allow plea negotiations to convert charges into misdemeanors. Plea deals are legal but you need to understand and review the deal fully before agreeing to it. 


Entering into a plea deal will end your case before the trial takes place and in this way, you can avoid a conviction completely.


First offender program application


Many states use the first offender program to rehabilitate first-time drug offenders instead of punishing them. If you have never been to this program and have never been charged with any drug offense, you can qualify for the first offender program. But the judge overseeing your case has to permit you to enter the program. 


You will also be required to plead guilty in case you fail to complete the program successfully, and this can affect your immigration. If you enter the offender program, you can avoid being jailed but instead undergo a probation period for 6-12. During the probation period, you will be required to stay away from drugs and accept to undergo regular testing.


Unlawful entrapment by federal state agents


Entrapment occurs where the defendant is influenced to commit a drug-related offense by government agents. Proving government inducement and absence of a predisposition are ideal ways of establishing an illegal entrapment.


Entrapment, as a defense to criminal charges, is based on the interaction between the defendant and police officers. An entrapment scenario may typically occur when the state officers use force or related tactics to induce a person to commit a crime. Entrapment law is aimed at curbing outrageous conduct by public officials and police officers. 

0 comments
1 view

Permalink