First Time Drug Offender
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Making a mistake doesn’t make you a bad person. We’ve all done things we regret, especially when we were young. But when that mistake involves illegal drugs, it can turn your life upside down.
As a first time drug offender, you’re probably feeling scared, overwhelmed, and unsure of what to do next. You may be facing charges like drug possession, paraphernalia possession, or even drug trafficking. The penalties can be severe, including heavy fines, probation, or even jail time.
While the situation seems bleak, there are ways to get through this. Having an experienced criminal defense lawyer on your side can make all the difference. They know the complexities of drug laws and sentencing guidelines. With their help, you may be able to get charges reduced or even dismissed.
Let’s break down what typically happens after a first drug offense, and how a lawyer can help navigate the legal system:
Arrest and Booking
If you’re caught with illegal drugs, you’ll be arrested and taken to the police station. You’ll be photographed, fingerprinted, and asked for basic information. This is known as “booking.”
Police will seize any drugs and related items (pipes, baggies, etc.). They’ll test the drugs to confirm what they are. All of this will be noted in the police report, which the prosecution will use against you.
This is where things get serious. You need to invoke your right to remain silent! Anything you say can and will be used against you. The only words out of your mouth should be “I want to speak to an attorney.”
Diversion Programs
For first time offenders charged with simple drug possession, completing a diversion program may allow you to avoid conviction.
These programs last 6-12 months and require completing drug counseling, treatment, community service and random testing. If finished successfully, the charges are dropped.
However, you must plead guilty upfront to enter most programs. So talk to your lawyer before signing anything. Diversion is preferable to jail, but a conviction on your record has lifelong consequences.
Trial
If no plea agreement is reached, your case will go to trial. Your lawyer will vigorously defend you and hold the prosecution to meeting their burden of proof.
They will examine all evidence and testimony, object to any procedural mistakes, and present your defense. Common defenses in drug cases include:
- Lack of knowledge – You didn’t know about the drugs or they were left there by someone else.
- Invalid search – Evidence was obtained illegally without a warrant.
- Misidentified substance – Chemical tests were wrong and substance wasn’t illegal.
Your lawyer may also argue for the charges to be dismissed due to technicalities like missing paperwork or chain of custody issues.
Sentencing
If found guilty, the judge will impose a sentence based on state and federal guidelines. First time simple possession usually carries lighter sentences like probation, counseling, community service and fines.
Trafficking and intent to distribute charges have mandatory minimums that require jail time. The judge may consider circumstances like:
- Your age, employment, and community ties
- Drug addiction issues
- Completion of treatment or counseling
- Your attitude and remorse
Judges have some discretion, so your lawyer will present mitigating factors to advocate for less jail time. They can also file appeals if the sentence seems unfair.
Probation and Parole
For drug crimes, probation lasting 1-5 years is common instead of jail time. You must comply with terms like:
- Mandatory drug testing
- Staying in the jurisdiction
- No association with criminals
- Maintaining employment
- Drug counseling
- Community service
Violating probation leads to jail time, so take it seriously! Your lawyer can help modify terms if needed.
Parole is early release from jail after serving the minimum sentence. You’ll still be monitored and must follow parole terms until the sentence is finished.