Convictions for drug charges can carry serious penalties. Even if no prison time is imposed, a criminal records arising out of drug charges might hurt your present and upcoming employment or academic goals. Fortunately, there are many reasons such charges might possibly be dumped before criminal prosecution.
The most typical reasons are based on special situations presented by the police or prosecution. Other options for getting drug charges dropped may stem from problems with police operations. There are four main reasons for dismissing drug charges, including agreeing to a plea bargain, cooperating with police, police corruption, and illegal searches.
1. Plea Bargains and Dismissals
Plea bargains are common if other crimes are linked to the drug charge, the prosecutor might decide to dismiss, or reduce, some of the minor charges as a way to give full attention to a felony charge. Also, if you’re willing to offer a guilty plea on one from the major charges, the prosecutor may be able to negotiate a lesser sentence or drop the criminal charges on minor criminal acts, which includes possessing drugs or paraphernalia. Plea bargaining typically occurs directly between the defense and the prosecution, and is an inexpensive method of prosecuting only the most egregious offenses.
2. Cooperating with Police
An alternative choice to get drug charges dropped involves cooperating with the police in on-going investigations. This would include providing information regarding who produced the drugs, helping catch others involved with the offense who may have escaped arrest, or testifying as a witness for its prosecution within a court case. Hence, the drug charges against you might be minimized or dismissed in return for your cooperation. A Maryland attorney can help you in this process.
3. Police Corruption
The third means by which drug charges might be dropped relates to charges of police corruption. Occasionally, police can be accused of abusing their position and threatening, coercing, or obtaining data through illegal means. If these charges lead to an investigation, the prosecution may examine other unrelated cases connected to the officer in question. If a cop is found accountable for corruption, the prosecutor may dismiss other cases in which that officer participated because their credibility has become questionable. Also, it is probable that prior convictions could be overturned in such circumstances.
4. Illegal Searches
A fourth reason for having drug charges dropped involves the legality of the search that resulted in the charge. Searches resulting in drug charges need to be conducted only if there is reasonable suspicions or probable cause to warrant such a search. For example, being pulled over for not making use of a turn signal, for having a broken tail light, or even for few other minor traffic violation, in and of itself, doesn’t constitute probable leading to search for drugs. In those cases, drug charges arising from such illegal searches may be dumped considering that the evidence was acquired unlawfully. Also bear in mind that you have the right to refuse a search. This is specifically important throughout a home search. The Supreme Court has ruled that a signed warrant should be received for any home searches, except if authorization is given for an officer to enter the home. Once legally in the house, anything in plain view could be evidence which can be used in criminal procedures.
If you are detained on drug charges, the most effective solution is to politely tell the arresting officer that you don’t consent to any searches, and remain silent so as to avoid incriminating yourself. You should also ask to see a lawyer before answering any questions. In the event the charges lead to a criminal case, follow your lawyer’s instructions through the legal proceedings.
Although there are several methods for getting out of a drug charge, it is best to consult with an experienced attorney before the proceeding. A Columbia lawyer with experience defending those charged with drug related offenses will offer very helpful advice throughout the legal process.