How to Get a Drug Possession Charge Dropped or Reduced
While the potential repercussions from a drug charge can be terrifying, they do not always have to be reality. In Florida, you might be able to get your charges either reduced or dropped.
However, you and your drug lawyer must determine which route is most plausible for you, depending on your specific situation.
Your Options When Facing Drug Possession Charges
You have two options regarding drug possession: fight the charges or agree to a plea deal. If you fight them, you will need to either prove that the drugs were not yours or that the cops infringed on your constitutional rights during the arrest.
If you take a plea deal, you might have to plead guilty to certain charges to get the others reduced or dropped. Or, you might have to attend a court-appointed rehabilitation class.
How to Get Your Charges Dropped or Reduced
Before you start, your lawyer will review your case and say which option is best for you.
Dispute Possession
Many assume the discovery of narcotics automatically results in the same charges for everyone involved. However, depending on your role in the situation, you could be charged with actual or constructive possession. Each will result in a different strategy with your case.
Actual Possession
This means you willingly had drugs in your possession with the intent to either use or distribute them. So, if a police officer searches you and finds them on your person, you will be charged with actual possession.
Constructive Possession
This means that the drugs were in your possession but without your knowledge. For instance, if the police find narcotics in a car you were traveling in, but you did not know they were there.
Prove Your Rights Were Violated
While you are expected to obey the laws, police are expected not to infringe on your constitutional rights while enforcing them. If you can prove that they slipped up in their procedures during your arrest, you can use their error to fight your case. Examples include not reading your Miranda Rights, denying you an attorney, practicing discrimination, and more.
Challenge Probable Cause or the Validity of the Stop
Law enforcement cannot just stop and search a vehicle or enter a residence. They need probable cause and a warrant in some cases. Police are trained to talk to you in ways that make it seem like they can do whatever they want whenever they want, but that’s not true.
Agree to a Plea to Reduce the Charge
You can also ask the courts for a plea deal. This means that you might plead guilty to lesser charges so the court will agree to drop some of the bigger charges. Or, you attend a narcotics rehab or drug education class.
Contact a Florida Drug Charge Lawyer for Help
Fighting drug charges in Florida can be difficult. Yes, you have options, but navigating these options can be tricky. Before you have your day in court, you will want to hire an experienced drug charge lawyer.
Attorney Metcalf Falls, Criminal Defense Attorneys, P.A. has helped countless clients get their charges either reduced or dropped. Contact him at 813-258-4800 or use the online form to schedule a free consultation.