Drug Crimes FAQ
What Is Drug Possession?
The legal definition of possession is whether a person has actual care, custody, control or management of an item. If the drugs were found in your home, the prosecutor could claim that you were in possession for the drugs even thought you were not at home at the time the drugs were discovered. If the drugs were found in a car and there were other people in the car with you, the prosecutor would have to prove affirmative links between you and the drugs. It is important when confronted by law enforcement that you not give any statements that you have any awareness of the presence of the drugs.
Did The Police Follow Proper Procedures?
The police need proper reasons to stop and search a person’s car for drugs or contraband. Police also need a properly drafted and executed warrant to search someone’s home. They must follow the proper procedures under both statutory and Constitutional law regarding search and seizure, interception of telephone calls and other investigative measures. If the search and seizure violated your constitutional rights, this will become an important factor in drug crime defense. Never give consent to law enforcement to conduct a search.
What Outcome Can You Expect In Your Case?
Wes Ball carefully examines the legality of the search and seizure issues including the validity of any search warrants. The evidence of possession may be in doubt. Where the admissible evidence is substantial, we seek alternative dispositions with diversion programs, pretrial rehabilitative efforts and if necessary seeking favorable plea agreements including deferred adjudication probation. With skillful defense, your charges may be dropped or dismissed without conviction and your record may be cleared or erased with an expunction.
Will Your Drug Charges Be Considered A State Or Federal Crimes?
Cases that involve large quantities of drugs are often prosecuted in federal court where sentences can be particularly harsh under what are referred to as the federal sentencing guidelines. If the charges are federal, the prosecutor may seek an order of detention to hold the accused without bail. Diligent effort at the earliest stages can increase the chance of release on bail or conditions while our defense specialist works to achieve a favorable outcome. To obtain the best possible outcome you should have an experienced Federal criminal defense lawyer’s help as soon as possible.