The legal ramifications of a drug trafficking charge are more serious than a charge for possession. Instead of a misdemeanor that may result in probation and a fine, you are facing a felony charge and jail time. The amount and type of drug will determine the details of your case, however, if you'd like to remain free, you are going to need to contact a lawyer with experience in drug charges.
The first thing to remember is that you do not need to say anything to anyone until you have a lawyer with you. Your lawyer will go over the police report and meet with you to hear your version of the events. The lawyer will then decide the best course of action for getting the charges dropped or reduced. Here are a few options that may be used.
CHALLENGE THE SEARCH AND SEIZURE
In order for any charges to be made against you, drugs must have been seized. If the seizure was done illegally, your lawyer will argue that your rights were violated.
For example, one reason the seizure might have been done illegally is if there was no reason to suspect you had any drugs. There must be probable cause to conduct a search in public. This means that a police officer cannot just stop you on the street and pat you down. Of course, if an officer notices a person suspiciously slip someone a package and receive something in return, there is a reason to suspect a drug deal.
Another reason the seizure might have been done illegally is if the police failed to obtain a search warrant. To enter your home or place of work and be able to search through things, a judge must issue a search warrant. If there was no warrant, anything found cannot be used in court. In addition, your attorney may try to prove that there was no reason for a warrant to be signed in the first place.
Any of these tactics may prove useful in the reduction or dismissal of your charges.
CHALLENGE THE DRUG TRAFFICKING CHARGE
Unless the drugs were found on your person, your lawyer may be able to challenge the possession charge. If you didn't have any drugs on you it cannot be assumed that you were trying to sell them. For example, any drugs found in your home or purse might have been put there by someone else.
In addition, when you’ve been charged with drug trafficking, there must be a large amount of the drug. Therefore, unless you were doing something with the drugs when you were arrested, it could be argued that even though there was a large amount of the drugs in the house, they were not yours and you were not the person selling the drugs.
REDUCE THE CHARGE TO POSSESSION
When there are circumstances or evidence that make challenging the search, seizure, and charge, very difficult, your attorney may suggest having the charges reduced to possession. This could be due to witnesses or other defendants testifying against you.
If you are offered time on probation, a fine, and attendance at a counseling or a drug rehabilitation program, then you should probably consider it. Your lawyer will not suggest you take this deal if he or she feels they will be able to get you a better one.
The details of your case depend on the evidence and circumstances of your arrest, and it may be hard to get the charges dropped. However, the right lawyer might be able to get your charges reduced to a charge with less severe consequences. Contact our experienced, professional team of attorneys at The Law Office of J. Warren St. John to get the legal help you need.