Tips from DEA Defense Attorneys on How to Avoid Jail Time for Drug Crimes

Facing drug charges? Tips from experienced DEA defense lawyers on how to avoid jail time

Let’s be real – dealing with drug charges is scary. The potential consequences can totally upend your life if you end up with a conviction. But having an experienced drug crimes defense attorney on your side can make all the difference. As former DEA prosecutors turned criminal defense lawyers, we’ve seen it all and want to share our best tips to help you avoid jail time if you’re facing drug charges.

First things first – don’t panic. Easier said than done, we know. But working yourself up will only cloud your judgment. Take a few deep breaths and try to think clearly about your situation and next steps.

Tip #1: Shut up!

As soon as you learn you’re being investigated or arrested on drug charges, stop talking and lawyer up. Seriously, the smartest thing you can do is exercise your right to remain silent. Anything you say will be used against you, period. Be polite but firm in invoking your 5th Amendment rights.

Tip #2: Get an experienced drug crimes attorney ASAP

Don’t even think about going it alone against seasoned prosecutors. Hire a criminal defense lawyer with specific experience fighting federal and state drug crime cases. Choose someone you feel comfortable opening up to about all the details so they can build the strongest defense. A good drug crimes attorney will review the evidence, identify any police mistakes, challenge any illegal searches, and uncover options to avoid jail time – like getting charges reduced or dismissed.

Tip #3: Be honest with your lawyer about everything

This one is crucial. We know it’s hard to talk about personal drug use or dealing. But holding back details from your attorney will only hurt your case. Tell them everything so they can help avoid surprises and make the right strategic defense decisions. What you share is protected under attorney-client privilege, so don’t worry about confidentiality.

Tip #4: Seek treatment if needed

For drug possession charges, enter a rehab or treatment program ASAP. Completing treatment before your court date shows the judge you’re committed to positive change and much less likely to reoffend. Judges have a lot of sentencing discretion and will often sentence folks who complete treatment to probation instead of jail time.

Tip #5: Leverage a spotless background

If you have zero criminal history, make sure your lawyer highlights this to the prosecutor or judge. No record of drug, violence or other charges plays in your favor. It provides a concrete reason why jail time would be unnecessarily harsh.

Tip #6: Research diversion programs

Many states offer pretrial diversion programs for nonviolent drug offenders allowing charges to eventually be dismissed and records sealed or expunged. This usually requires completing drug treatment and staying out of trouble for 6-12 months. Consult with your attorney to see if you qualify for any diversion programs.

Tip #7: Challenge improper police conduct

If police didn’t have probable cause for search and seizure, or didn’t read your Miranda rights – your lawyer can file motions to suppress evidence or statements obtained illegally. If granted, the prosecutor could be forced to drop the charges.

Tip #8: Make prosecutors prove their case

The burden of proof is on the prosecution to prove every element of the drug crime beyond a reasonable doubt. If the evidence against you has holes, prosecutors may offer a favorable plea deal rather than risk losing at trial. An experienced drug crimes lawyer will ruthlessly pick apart the prosecution’s case.

Tip #9: Explore collateral consequences

The impacts of a drug conviction go way beyond potential jail time. You may face barriers to jobs, housing, professional licensing, financial aid, immigration status and more. A skilled drug crimes attorney will advise on these crucial collateral consequences so you can make fully informed decisions.

Tip #10: Be a model defendant

Follow all conditions of your pretrial release perfectly – like checking in with your probation officer and passing drug tests. Showing the court you’re reliable and responsible will work enormously in your favor at sentencing.

Facing drug charges is terrifying, we know. But having the right defense attorney in your corner can make a huge difference in avoiding jail time and moving forward with your life. Lean on your lawyer’s experience fighting drug cases just like yours. Stay confident as you work through the legal process together. You’ve got this! And we’ve got you.