Drug charges won’t bode well for people who are unfortunate enough to have been accused of selling, possessing, and using. It’s fair enough that the law is taking drug crimes seriously, owing to the significant moral and medical problems they cause. However, it’s a different story when regular people are falsely accused of any drug crime, which has the potential to upend their future, especially if a sentence is handed down.
Millions of dollars are spent curbing the drug trade, and much of this investment comprises enforcement and persecution. However, the only downside to this is that innocent people could find themselves in the middle. False arrests can happen to anyone, and making the wrong move won’t bode well for their future.
Being charged with a drug offense can be challenging, but it pays to know you still have a good chance to prove your innocence and move on from the experience with your reputation intact. Here’s a simple guide to help you survive a drug charge.
1. Know Your Rights
Anyone who has been nabbed on suspicion of committing a drug offense should be aware of their right to refuse to answer questions. This is made clear by an arresting officer who is required to protocol to read your Miranda Rights. Keep in mind that you’re only being charged and not being convicted, so it will help your side to avoid sharing hasty explanations that will be used against you once proceedings start.
What’s more, keep in mind that you may refuse unlawful searches and seizures, especially in cases when the arresting authorities lack a court order or warrant to proceed. Police may also conduct a search based on probable cause, in which case you need to know why you’re being searched. It pays to know that the evidence obtained through searches and seizures that deviate from standard protocol is not allowed to be presented in court once formal charges are filed.
2. Understand the Circumstances of Your Arrest
Aside from knowing your rights while being charged for a drug offense, you need to understand the grounds of your arrest. No matter where you are in the world, getting charged for drug violations doesn’t require using the substance.
Having the substance in your possession is already enough to justify a search and seizure. Your problems will only get worse if law enforcers find out that you knew that the substance was illegal and that you consented to keeping it as a favor to the original owner, which aligns with the concept of constructive possession.
On the other hand, you have a reasonable defense against a conviction if you could prove to the court that you were unaware of holding or transporting any drugs. A strong conviction is premised on intent, so a case dismissal would be likely if you were, indeed, unaware of having drugs on you. It’s possible that someone planted the substances in your living space or wrongly sent a parcel containing cocaine to your address.
3. Get a Good Attorney
Once you’ve been arrested on a reasonable suspicion of violating drug laws, there’s not much you can do by yourself other than contacting an experienced drug crime lawyer who has handled similar cases before. You will need a lawyer who can analyze the facts leading to your arrests and pinpoint irregularities, especially if you’re being charged with drug trafficking and distribution.
Your lawyer can walk you through the proceedings and gather every piece of evidence to build your defense. Your lawyer could also negotiate on your behalf when it comes to accepting a plea deal or opting for alternative sentences. However, you know you have the best legal presentation if your lawyer focuses more on getting your case thrown out. Your future and freedom as an innocent citizen will depend largely on how well your lawyer performs.
4. Keep Track of the Developments
As legal proceedings begin, you can trust your lawyer to prepare the required documents to disprove the charges. However, considering the time it takes for your case to progress, you need to stay informed throughout the process. Work closely with your attorney and be as transparent as possible when sharing details about events leading up to your arrest. For their part, your lawyer could explore possible avenues showing the unlawful nature of your capture.
Knowing that the search was illegal is only the first step. Your side can also dispute the validity of procedures that sought to confirm the presence of illegal substances. Keep in mind that seized drugs undergo rigorous testing to confirm their chemical makeup. However, along the way, the substance is exposed to possible tampering and contamination. Another issue is when you are using substances like hemp for medicinal purposes. It’s also possible that you were forced under threat of harm to transport goods you didn’t know were illegal.
Endnote
Being charged with possession of illegal drugs is the worst thing that could ever happen to anyone. However, until a conviction is secured, freedom is still guaranteed through the guide above.
William Gall is a seasoned attorney specializing in civil litigation and family law. With a legal career spanning over two decades, William has built a reputation for his meticulous attention to detail and his unwavering commitment to justice. In addition to practicing law, he is a prolific writer, contributing regularly to various legal blogs where he shares his insights on current legal trends, case law, and best practices. His articles are well-regarded in the legal community for their thorough research and practical advice, making complex legal concepts accessible to both legal professionals and the general public.