How can an attorney help with marijuana possession charges?

How an Attorney Can Help with Marijuana Possession Charges

Getting charged with marijuana possession can be scary. Even if it’s a small amount for personal use, the penalties can be severe depending on where you live. An experienced criminal defense attorney can help you understand the charges and build the strongest defense to get the best possible outcome.

Assess the Charges

The first thing your attorney will do is look at what exactly you’ve been charged with. Marijuana laws vary greatly by state, and even by county or city within a state. Some key questions:

• What amount are you accused of possessing? The penalties for a couple of joints may be very different than for a pound of marijuana.
• Where did the alleged possession occur? Penalties for possession at a school or park may be harsher.
• Is it a misdemeanor or felony charge? Felony convictions can mean jail time and impact future job and housing opportunities.

Your attorney will determine if you’ve been overcharged based on the amount and circumstances. They may be able to get charges reduced or even dismissed by identifying procedural problems with the arrest or flaws in the prosecutor’s case.

Evaluate the Evidence

Police and prosecutors must prove beyond a reasonable doubt that you knowingly possessed marijuana. Your attorney will scrutinize the evidence to look for illegal searches, faulty lab tests, or unreliable witnesses.

If the marijuana was found in your car, your lawyer may argue it belonged to someone else. Or challenge whether police had probable cause to search your vehicle. Any cracks in the evidence gives your attorney room to negotiate with the prosecutor for reduced charges or dismissal.

Assert Viable Defenses

Several defenses can potentially beat marijuana possession charges, either by showing you didn’t commit the crime or mitigating your culpability:

• Lack of knowledge – Argue you didn’t know the substance was marijuana, such as if someone left it in your car.
• No possession – Claim you never actually possessed the marijuana, like if police found it in a park you were in.
• Medical necessity – Explain you use cannabis to treat a medical condition if you live in a state where that’s allowed.
• False confession – If you admitted to possession but were coerced, your rights weren’t read properly, or you were intoxicated.

Your lawyer will determine if any defenses like these apply to your case. Having an experienced attorney argue them makes these defenses much more convincing to a judge and jury.

Negotiate a Plea Bargain

Rather than risk trial, your attorney may be able to negotiate a plea deal for a lighter sentence like probation, fewer charges, or a lesser offense. This avoids the maximum penalties if convicted at trial. The prosecutor may agree to a plea bargain if they have a weak case or want to avoid trial.

Your lawyer’s experience with local courts and prosecutors helps them leverage the best possible plea agreement. They’ll advise if it’s wise to take the deal or reject it and head to trial.

Build Your Defense for Trial

If a plea deal can’t be reached, your attorney will dig into every aspect of your case to defend you at trial. This includes:

• Filing motions to suppress illegally obtained evidence.
• Hiring expert witnesses to challenge the marijuana testing procedures.
• Advising you on whether to testify in your own defense.
• Selecting jurors most receptive to your defense.
• Vigorously cross-examining the prosecutor’s witnesses.
• Raising doubt about your guilt during closing arguments.

Your lawyer leaves no stone unturned to build the strongest case possible to win at trial. Their intimate knowledge of criminal law and trial experience gives you the best chance at an acquittal or hung jury.

Get Your Charges Expunged

If found not guilty, or after completing probation under a plea bargain, your attorney can petition the court to expunge the charges from your record. Expungement clears your name of the offense and lets you truthfully deny it occurred on job or housing applications.

For the best chance at expungement, be sure to complete all terms of your probation like required counseling or community service. Your lawyer will handle filing the proper expungement paperwork and representing you at the hearing.

Conclusion

Being charged with marijuana possession is scary but beatable with an experienced criminal defense lawyer on your side. They can get charges reduced or dismissed when possible, or build a strong defense to win at trial. Having a seasoned attorney protects your rights, future, and freedom.

References

Defense strategies against marijuana possession charges: https://www.nolo.com/legal-encyclopedia/defenses-marijuana-possession-charges.html

How lawyers get marijuana possession charges dismissed: https://www.criminaldefenselawyer.com/marijuana-possession-charges.cfm

Expunging marijuana possession convictions: https://www.leafly.com/news/politics/how-to-expunge-a-marijuana-conviction