How To Get False Drug Possession Charges Dropped?

After being arrested for drug possession, you should immediately contact an experienced attorney. When speaking with legal counsel, it is crucial to describe the type of drug in question and whether you were physically possessing it.

If you are falsely accused of drug possession, you owe it to yourself, to tell the truth about who the drugs belonged to. A drug possession lawyer can increase your chances of having a drug possession charge dropped.

What Is Drug Possession?

Possession of an illegal substance is a serious offense, regardless of whether it is heroin, crack/cocaine, marijuana, or another drug. According to the Department of Justice, most drug-related arrests in the United States are for simple possession.

Possession-related crimes have dramatically increased. Efforts by law enforcement to combat possession accusations and other factors are to blame.

Someone is considered to have illegal or controlled substances if they are aware that they are present in their immediate vicinity. There are many possible pathways for this, and each one may impact whether or not criminal charges are brought.

What happens after someone is charged with possessing illegal drugs?

Several things must occur after an arrest for drug possession. First, law enforcement cannot determine if you have illegal or controlled substances unless you are arrested. This could occur, for example, if the defendant is driving when detained for another legal violation.

A police officer may, for instance, approach a driver who is moving too quickly. The driver may be detained and charged with possession if drugs are found during a vehicle search if the officer has probable cause to search. Alternatively, the officer’s investigation had better have been legal for the charges to stick.

Why Do Prosecutors Drop Charges?

There are numerous circumstances in which prosecutors may decide to drop charges. One such instance is when a key witness in a criminal case refuses to cooperate with the prosecution. It would be futile to charge the victim without additional evidence because they may change their minds.

Here are five additional instances in which your attorney may be able to have your charges dismissed or reduced:

Insufficient evidence. 

If the prosecutor determines inadequate evidence to sustain the charges, the prosecutor may drop them. Or perhaps new evidence is discovered that calls the prosecution’s case into question. When the district attorney and prosecutors initially review the police reports, your attorney may be able to intervene and argue that there is insufficient evidence to file formal charges against you. Our attorney may file a motion to dismiss the charges if they are brought despite insufficient evidence.

Procedural issues. 

When making an arrest, processing a booking, interrogating a suspect, scheduling a bail hearing, and engaging in other pre-trial activities, police and prosecutors must follow established criminal procedures. If the defendant’s rights have been violated, these procedural errors may result in the dismissal of the case or a reduction in the defendant’s sentence. Due to the complexity of these cases, an experienced defense attorney is necessary.

Lack of resources. 

Unfortunately, most district attorneys and prosecutors are overburdened with cases. They might have to disregard or bypass less severe offenses to prioritize certain cases over others. You have a better chance of this happening if you have a clean record and have only been charged with a minor crime.

Willingness to cooperate. 

Assume that the prosecution discovers your willingness to assist with investigations and prosecutions of other crimes or in other situations. In such a scenario, your attorney may be able to negotiate a lighter sentence or even dismiss the charges.