Criminal Defense Lawyers

What to do after being charged with drugs?

What to Do After Being Charged with Drugs

You’ve Been Charged with a Drug Crime – Now What?

Getting charged with a drug crime can feel like your world is crashing down. I know it’s tempting to try and talk your way out of it, but anything you say can (and will) be used against you. Just stay quiet and ask for an attorney. Once you’ve got legal representation, it’s time to start building your defense. Your lawyer will go over all the details of your case and figure out the best strategy. Maybe the search violated your rights, or the drugs weren’t actually yours. There are all kinds of potential defenses depending on the circumstances. The key is being proactive and not just rolling over for a plea deal. Drug charges are no joke – you could be looking at jail time, huge fines, and a permanent criminal record that makes it tough to get a job or housing. It’s worth fighting tooth and nail to keep that from happening.In this article, we’ll walk through exactly what to do (and what not to do) if you get slapped with drug charges. We’ve got info on:

• Your rights when getting arrested/charged
• Building a solid legal defense
• Potential penalties you’re facing
• How to clean up your record down the line

We’ll also share some real-life examples and insights from top criminal defense lawyers. Don’t go into this alone – let’s get you properly prepared.

Know Your Rights – And Use Them

So the cops just busted down your door and found a little weed or some party favors. Maybe they pulled you over and searched your car. Whatever happened, the most important thing is knowing and exercising your legal rights from the very start.

The Right to Remain Silent

This one is crucial – do NOT say a single word to the police without your lawyer present. I don’t care how convincing you think you can be or how small-time the charge seems. Anything you say can be twisted around and used as evidence against you. The cops are allowed to lie to you and make promises they don’t intend to keep. Their one job is to get you to confess or give up info that helps their case. Don’t fall for any of their mind games or tactics.Just shut your mouth, say you won’t answer questions without an attorney, and leave it at that. Getting mouthy or trying to argue your way out of it will only dig you in deeper. Remain calm and stay silent until your lawyer arrives.

The Right to Legal Counsel

You have the absolute right to have a lawyer present during any questioning from the moment you’re arrested or charged. The police are required to stop questioning you as soon as you ask for a lawyer. Use this right to your advantage. Don’t try being a hero and handling it yourself. Drug cases can get extremely complex with all kinds of technical legal details. You need an experienced professional on your side who knows the ropes.

The Right Against Unreasonable Searches

The 4th Amendment protects you from unreasonable searches and seizures by the government. If the cops violated this right by searching your home, car, or person illegally, your lawyer may be able to get some or all of the evidence thrown out. Pay close attention to how the search and arrest went down. Write down every detail you can remember as soon as possible. Things like:

• Did they have a valid search warrant?
• Did they go beyond the scope of the warrant?
• Did you actually give consent for the search?
• Were there other 4th Amendment violations?

All of this can be crucial for building your defense, so don’t brush it off as no big deal. Your lawyer will comb through every aspect looking for rights violations.

The Right to Remain Silent (Again)

Building a Solid Defense Strategy

Once you’ve got your lawyer on board, it’s time to start mapping out a defense strategy. There are a number of different potential approaches depending on the circumstances of your specific case.Your lawyer will look at factors like:

• The type and amount of drugs involved
• Whether you had intent to distribute or manufacture
• If the search and arrest were legally conducted
• Any mitigating circumstances like addiction issues
• Your criminal history and other personal details

Based on a thorough review, they’ll determine if you have grounds to go for a full acquittal and get the charges dropped entirely. Or in some cases, the goal may be to mitigate the charges and potential penalties as much as possible.Here are some of the most common defense strategies for drug cases:

Violation of Constitutional Rights

As mentioned earlier, a strong defense can sometimes be built around arguing that law enforcement violated your 4th Amendment rights against unreasonable search and seizure. If the cops conducted an illegal search without a valid warrant or probable cause, your lawyer may be able to get that evidence suppressed and deemed inadmissible. With no drugs or paraphernalia allowed into evidence, the case often crumbles.There are a lot of nuances here, like whether you truly gave consent for a search, or if the officers stayed within the scope of the warrant. Your lawyer will scrutinize every detail to find any rights violations.

Lack of Knowledge

For possession charges, the prosecution has to prove beyond a reasonable doubt that you knew about the drugs and had control over them. Lack of knowledge can be an effective defense if you legitimately had no idea the drugs were there. Maybe someone stashed something in your car, purse, or home without your knowledge. Or you were simply in the wrong place at the wrong time when drugs were found. Your lawyer will work to establish plausible deniability.

Entrapment

If you were induced or coerced into committing a crime that you otherwise wouldn’t have done, you may have a valid entrapment defense. This often comes into play in sting operations targeting drug dealers.For entrapment to work, the defense needs to show that law enforcement planted the criminal design in your mind, rather than just providing an opportunity that you took on your own. It can be a difficult defense to prove, but is worth exploring.

Illegal Search & Seizure

In addition to suppressing evidence from an illegal search, your lawyer could argue that the entire search and seizure was illegal from the start. This gets even more complicated, but could result in your case being thrown out entirely.Things like lack of probable cause, improper execution of the warrant, excessive force, and violating other constitutional rights during the search and arrest process can potentially make the whole thing inadmissible.

Coerced Confession

Any statements you made to law enforcement have to be voluntary and without coercion. If the police threatened, intimidated, or made promises to you during questioning, that could make your confession inadmissible. Similarly, if you were interrogated after invoking your right to an attorney, those statements may get thrown out. Your lawyer will scrutinize the tactics used to get you to confess or provide evidence against yourself.

Substance Misidentification

Believe it or not, drug evidence does sometimes get misidentified by crime labs and field tests. Certain legal substances can trigger false positives for illegal drugs. Your lawyer may be able to get the evidence re-tested by an independent, unbiased lab. If it turns out those weren’t actually illegal drugs you had, you could have your charges reduced or dropped entirely.

Unwitting Possession

In some cases, you may be able to argue for an “unwitting possession” defense. This applies if you legitimately had no idea you possessed the drugs at all. For example, a friend asks you to hold onto a backpack for them, but you had no clue there were drugs inside. Or a roommate hides drugs in a common area of your apartment. You had no reason to know about the drugs, so the possession was unwitting.

Sentencing Considerations

Even if the evidence makes it difficult to get charges dropped completely, your lawyer can still negotiate for reduced charges and penalties during sentencing. Mitigating factors like:

• No intent to distribute or manufacture
• Small quantity of drugs for personal use
• No violent crimes or weapons involved
• Steady employment and community ties
• Substance abuse issues requiring treatment

All of these can potentially lead to more lenient sentencing, like probation instead of jail time. It may not be a full acquittal, but it still beats the maximum penalties. Your lawyer will know all the angles to pursue based on analyzing every facet of your case. The key is being upfront and honest from the start so they can build the strongest possible defense.

Potential Penalties You Could Face

The penalties for drug charges vary significantly depending on the type of substance, quantity, and whether you’re charged at the state or federal level. Understanding what you’re potentially up against is important for making informed decisions. At the federal level, drug crimes typically get divided into categories like:

• Simple possession
• Possession with intent to distribute
• Manufacture or cultivation
• Trafficking and distribution
• Continuing criminal enterprise (for major operations)

Penalties range from a few years in prison all the way up to life sentences for the most serious offenses involving huge quantities. Not to mention fines reaching into the millions of dollars. State laws show a similar range of penalties. On the lower end, simple possession of small amounts may only be a misdemeanor worthy of probation, rehab, and a fine. But possession with intent to sell, manufacturing, and trafficking are always felonies with potential prison time.Some key factors that impact sentencing:

• Type of drug (heroin and meth tend to get harsher sentences)
• Quantity and weight of the drugs
• If weapons were involved
• Any previous drug convictions
• Evidence of an ongoing criminal operation
• Sale or possession near a school zone

In many states, even simple possession charges can potentially land you in jail for a year, especially if you have priors. And that’s just for personal use amounts – sell weights mean you’re looking at multiple years behind bars in most cases.Federal trafficking charges are no joke either. For example, possessing 5+ grams of meth can get you a minimum 5 year sentence. 500+ grams is 5-40 years in prison. And kingpins running large operations can be looking at 20 years to life.The point is, drug charges at any level have the potential for extremely harsh penalties that can derail your life for years or decades. Even seemingly minor possession cases can spiral out of control quickly. Getting professional legal representation is absolutely crucial.

Cleaning Up Your Record Down the Line

So your case is finally over and done with. You’ve gone through the system, maybe even did some time behind bars. But that criminal record is going to keep haunting you for employment, housing, loans – pretty much everything. Depending on where you live and the specific charges, you may be able to get your record sealed or expunged at some point down the line. This essentially hides or destroys any public record of the offense so it no longer shows up on background checks.The process and eligibility requirements vary by state, but generally you need to:

• Complete all terms of your sentence
• Stay out of trouble for a set period of time (often 5-10 years)
• Not have any other felony convictions
• Pay all fines, fees, and restitution
• Demonstrate that you’ve been rehabilitated

In some states, certain non-violent drug offenses may qualify for automatic expungement or sealing after a number of years. But in most cases, you’ll need to go through a formal legal process and petition the court.Having an experienced expungement lawyer on your side is highly recommended. They know all the ins and outs of clearing your record in that particular jurisdiction. They can ensure you meet all requirements, file all the proper paperwork, and present a strong case for why you deserve a fresh start.It’s a long process, but potentially getting that felony or misdemeanor wiped from your record is huge. No more being denied jobs, apartments, and opportunities just because of a mistake from years ago. You can finally move on with a clean slate.