What are Some Possible Situations Where a Drug Case Can Be Dismissed?
It may seem like a hopeless case to some, but there are several ways to have drug-related cases dismissed. In this article, you will learn about nine of the top strategies.
Question the Evidence and how it was Obtained
Prove that the officer didn’t have probable cause to search or arrest you. Don’t be fooled into thinking you can’t say no when an officer says that he/she needs to search for drugs in your person, vehicle, or home.
If the officer continued after you refused, any evidence found would not be accepted in court.
Prove that You’re not Involved
You might have been in possession of drugs because of external circumstances and not because you really own them. For example, someone may have placed drugs in your bag by mistake, or you may have borrowed a relative’s car without knowing he had bags of marijuana in it.
You must provide evidence that you are not involved with the crime. A lawyer can help you gather proof and present it convincingly in court.
Prove that a Substance is Not an Illicit Drug
Other people may mistake certain things to be drugs. The following things have been mistaken for drugs before:
- Cat litter
- Baking soda
- Donut glaze
- Herbs and spices
You can have charges dropped by sending the substance to a lab so that they can analyze it. At the very least, this will delay the trial as the prosecutor needs to wait until the lab technician is available.
Confront the Accuser
Police will try to keep their informants secret. But, under the Sixth Amendment, you have the right to confront the person who is accusing you.
The attorney may give you a better deal to avoid putting the informant into the public eye. You can also gain sympathy when the informant is confidential. People may react negatively when they learn that the accuser is someone who is unknown and may have sinister motives.
Defend Against Entrapment
Entrapment is when a person is pressured to do something that he/she would not do otherwise. This strategy can be used if an undercover agent teamed up with an informant and pressured somebody, leading that person into getting caught doing something he/she wouldn’t normally do.
Request that the charge be amended before the case has been resolved. This can be done with some negotiation with the state attorney. You have to act fast for this, so you need to contact a clever lawyer as soon as you can.
Offer Substantial Assistance
Offering something that will help law enforcement may convince them to decrease the penalties they will give you. For example, you can give valuable information to the detective that will help them catch drug dealers.
Join the Deferred Prosecution Program
Some states offer deferred prosecution programs for certain people. Following the instructions for a given period can result in the dropping of charges.
Receive Drug Treatments
You can avoid prison time by receiving drug treatments. You may have to spend a lot of time in a health facility, but this is better than being incarcerated.
One Important Reminder
Whatever strategy you choose, it’s vital that you find a lawyer who’s experienced in saving clients from drug charges—and this is why you should consider calling Gary L. Rohlwing’s law office if you haven’t found one yet.