After being charged with a crime involving drugs, you need to begin working with an attorney in order to establish a defense that can be used in court. This is a charge that you need to take seriously as the consequences could range from fines and probation to time in jail.

Factors the Court Considers

There are a few factors that the court will usually consider before you are sentenced, such as:

• The type of drug that you had in your possession
• The amount of the drug

When you meet with an attorney, you’ll discuss details about what you were doing when you were arrested or charged with the crime and what can be done to try to prove your innocence in court. If you are unable to show that you are innocent of the charges, then your attorney can work to deliver the best possible results in order to obtain a sentence that might not be as harsh as it could be if you were to decide not to use an attorney.

Drug Possession and Law Enforcement Priorities

One issue that is at the top of the list for officers is drug possession and use. There are some drugs that are taken a bit lighter than others, such as marijuana. However, since the drug is still illegal to recreationally use, officers tend to navigate toward making an arrest and then letting the court handle the charges and the sentence related to the charges.

Law Enforcement Concerns

A fear of officers and the court system is that someone could begin using a drug that isn’t severe before using a drug that is addictive and that can cause severe harm in some way.

Search Warrants and Evidence Gathering

When officers make a drug arrest, they look at the drug itself as well as where it came from as they want to locate the people who are selling the drug more than they are the use of the drug, especially if the person doesn’t have a criminal record and made a mistake involving the use of drugs out of curiosity. Search warrants are often executed in order to obtain evidence that is needed to go to court to take down those who are in possession of drugs.

Building Your Defense Strategy

When you talk to an attorney, you’ll need to offer details about the crime that occurred, what you were doing, and how much of the drug was used at the time you were arrested.

Fourth Amendment Rights

Your attorney will likely want to know how the drugs were found as the proper search procedures need to be used when officers make an arrest. If the drugs were found illegally, then this is a defense that can often be used in court with the evidence being dismissed because it was found in a way that did not abide by proper court rules.

Individualized Defense Approaches

Since each case involving drugs is different, even if it’s for the same drug, it’s important to seek the assistance of an attorney who can walk you through the proceedings and offer suggestions as to when you should take a plea deal or when you should fight through the charges in order to stay out of jail or receiving another sentence.

Evidence and Chain of Custody

There are various pieces of evidence that your attorney will look for and that the prosecution will try to show in court. The prosecution will need to show that you were in possession of the drugs while your attorney will work to determine the best method of defense regarding the drugs that you had in your possession if you were guilty at the time of the arrest.

Critical Evidence Components

Recording and Documentation

One of the details that your attorney will look for is whether or not there was a recording of the incident. Details about a camera being used and who the officer worked for at the time of the arrest are often considered.

Chain of Custody Requirements

The chain of custody is critical in drug cases, requiring proper documentation of evidence from seizure through laboratory testing to court presentation.

Behavioral Factors

The court will look at your past behavior and how you interacted with the officer who made the arrest. If you presented yourself in a manner seen as professional and courteous, then your attorney will usually be able to present you to the court in a positive manner and use a defense that is to your benefit.

Drug Paraphernalia Considerations

The items used with the drugs are often considered as well. If there were no drugs present but you were in possession of paraphernalia, then your attorney will often work to have the drug charges dropped or reduced.