how to get a lawyer for a possession charge

If you are the individual facing drug possession charges for minors, your parent or legal guardian must hire your legal defense team. The exception to this rule is if you are legally emancipated. Otherwise, do not wait to speak with your parents about gaining legal representation.

Full Answer

Should I hire a lawyer for a simple possession case?

Often, simple possession cases are at the bottom of the court’s priority list. If a lawyer intensely handles your case, then he can make more work than the court wants. For example, he can create many document requests and depositions. By giving the prosecutor hours of work, your lawyer can wear her down.

Is it possible to defend possession charges?

Although defending possession charges is difficult, it is possible. However, you first need to find a lawyer. As soon as a police officer arrests you, you should contact a lawyer. Without one, you could make a mistake that causes you to spend time in jail. Your lawyer can advise you on what to say and how to act.

How can I get my possession charge dismissed?

When defense attorneys begin looking into how to get your possession charge dismissed, one of the first things they check on is whether or not you were subject to an illegal search and seizure. Did the officer have a legal right to search your property? Did they have probable cause?

Can I get a simple possession charge dropped?

If there is no logical way to prove beyond a reasonable doubt that the drugs do belong to you, then it is possible to have a simple possession charge dropped. For example, let’s say you share an apartment with multiple people.

How do you get a possession charge dismissed in Texas?

If the prosecutor cannot prove the defendant knowingly and intentionally possessed the drugs through the use of witness statements, audio/video recordings, physical evidence, and crime lab analysis, then the drug possession charge should get dismissed or the defendant found not guilty at trial.

How do you get a simple possession charge dropped in SC?

Here is a brief overview of some of the most common reasons why a simple possession charge in South Carolina may be dropped or overturned:Plea Bargaining. ... Entrapment. ... Miranda Rights Violation. ... Unlawful Search or Seizure. ... Insufficient Evidence. ... Prosecutorial Discretion.

How do you beat a possession charge in Florida?

The best way to challenge an actual possession charge is to call into question the stop and search that resulted in the police finding the drugs. An officer must have a reasonable suspicion that you have committed, or are about to commit, a crime in order to legally stop you.

What is the punishment for possession of a controlled substance in Texas?

A conviction for Class A misdemeanor possession may include up to a year incarceration and a $4,000 fine. Plus: For third degree felony drug possession, your sentence for a conviction could be 2-10 years in prison and a fine up to $10,000.

How much is a simple possession charge in SC?

between $100 and $200Simple possession of marijuana in South Carolina is a misdemeanor punishable by not more than 30 days in jail and a fine between $100 and $200. Clients with a first-time simple possession charge may be eligible to enter a pre-trial intervention program or attend a drug abuse program to decrease their penalties.

Is possession of a controlled substance a felony in South Carolina?

Possessing a Schedule I or II narcotic CDS and lysergic acid diethylamide (LSD) is a misdemeanor. Penalties for a first offense include a fine of up to $5,000, up to two years in prison, or both. Second offenses are felonies, and incur a fine of up to $5,000, up to five years in prison, or both.

What are the drug possession laws in Florida?

Felonies and Misdemeanors for Drug Charges in Florida The penalty is up to 30 years in jail and/or a fine of up to $10,000. If you possess more than 10 grams of any other controlled dangerous substance, it's a third degree felony, and you may have to spend up to five years in prison and/or pay a fine of up to $5,000.

Can you go to jail for drug possession?

It is possible to go to prison for a few weeks or months for simple possession. You will get a harsher sentence if you were in possession of drugs in or near a school, or in a prison.

How much is a felony possession charge in Texas?

Possession of a Penalty Group 1 substance is always charged as a felony. For the smaller amounts, you can be sentenced to between 180 days and 2 years in state jail and a fine of up to $10,000. For larger amounts, you can be sentenced to between 15 and 99 years in prison as well as a maximum fine of $100,000.

How do you beat a felony drug charge in Texas?

Check out these four common ways to beat a felony drug charge in Texas:Don't Say a Word. No, really—we mean it. ... Be Polite. We don't want you chatting with police without a lawyer present. ... Think Hard About Any Plea Agreements You're Handed. Prosecutors are busy little bees. ... Call a Lawyer. Just do it.

How to get possession charges dismissed?

Another strategy employed by those looking for how to get a possession charge dismissed is to determine a lack of knowledge. Very similar to a lack of possession, a lack of knowledge or intent can also be used to drop a simple possession charge.

Can abuse of power lead to a crime?

There are many situations where an abuse of power can potentially lead someone to commit a crime they otherwise would not have committed. While this might be rare or hard to imagine this happening in cases of potential possession, it does.

Can a lawyer fight a drug possession charge?

There are a variety of additional defenses a good lawyer can employ when fighting a drug possession charge. Anything from issues with being read your Miranda rights to a history of addiction could potentially help you avoid jail time when faced with possession charges.

Can you prove that a drug is yours?

It can be very difficult to prove beyond a reasonable doubt that the drugs ( no matter where they are in the apartment) are yours. This is just one common argument used to get possession charges dismissed.

Can you have a possession charge dropped?

If there is no logical way to prove beyond a reasonable doubt that the drugs do belong to you, then it is possible to have a simple possession charge dropped. For example, let’s say you share an apartment with multiple people. It can be very difficult to prove beyond a reasonable doubt that the drugs (no matter where they are in the apartment) ...

Drug Possession: How a Lawyer Can Help

So you want to know more about drug possession – how a lawyer can help. This post should clear up any questions you may have about the severity of drug possession charges and why it pays to seek out the help of a skilled criminal defense attorney near you.

How Can a Lawyer Help with a drug possession charge?

A lawyer can help you understand the law and your rights related to drug possession. They can also help you build a defense and negotiate with prosecutors. If you are convicted of drug possession, a lawyer can help you minimize the consequences.

Understanding the Punishment for Drug Possession

Drug possession carries possible punishments such as an automatic license suspension, fines, and incarceration in prison.

Finding a Lawyer in Your Area That Specializes in Drug Possession

When looking for a lawyer who specializes in drug possession, you should consider the following:

Getting a Criminal Defense Attorney

The process is to find a lawyer, talk to them about your case, and make sure they can represent you in court. You should never try to represent yourself in a criminal case, as the stakes are too high. A good drug possession lawyer can help you understand your rights and what you’re up against.

What can a lawyer do for possession?

Your lawyer can advise you on what to say and how to act. With his advice, you can avoid saying anything incriminating. Your lawyer can also come up with a defense strategy. There are many different ways that you can defend possession charges. Here are a few of those ways: 1.

What are the different types of possession?

Although the laws vary in every state, there are a few general types of possession. 1. Possession of Drug Paraphernalia. If you own equipment that one can use to take illegal drugs, then a police officer can arrest you. This includes anything that allows you to inhale, inject, or hide illegal drugs.

What happens if a cop finds you have a large quantity of drugs on you?

If a police officer finds that you have a large quantity of drugs on you, then he could charge you with possession with intent to distribute. This type of charge often has very strict penalties.

What happens when you have a large amount of drugs in your possession?

When you have a large amount of drugs in your possession, law enforcement could believe that you are trafficking drugs. This type of charge is even more serious than possession with the intent to distribute. It occurs when the court believes that you sold, transported, or imported illegal controlled substances.

What does it mean when a prosecutor overloads the prosecutor?

Overloading the prosecutor could also mean that she fails to provide materials during discovery. If this occurs, then your lawyer could convince a judge to dismiss the charges. However, there is a risk of overloading the prosecution. The prosecutor could take a strong interest in your case.

What is the best option for a drug case?

Your lawyer needs to decide if this is the best option for your case. 2. Diversion Programs. In some states, there is a push to offer diversion programs to drug offenders. If you face possession charges, then your lawyer could convince a judge that rehabilitation is the best option.

What happens if a lawyer handles your case?

If a lawyer intensely handles your case, then he can make more work than the court wants. For example, he can create many document requests and depositions. By giving the prosecutor hours of work, your lawyer can wear her down. Then, the prosecutor might decide to drop the charges.

Can a drug possession defense be successful?

A drug possession defense can also be successful if the drugs are found in the presence of you and others. You might be able to succeed by arguing that the drugs are, in fact, not yours. In this case, the burden of proof is on law enforcement to show that the evidence belongs to you and not one of the other parties.

Can a drug possession lawyer be entrapped?

Entrapment can be tricky to do well, but an experienced drug possession lawyer may be able to show this. To succeed, they will have to demonstrate that, under normal circumstances without intrusion and undue influence from police, you would not have been in the circumstance in which you were arrested.

Why Hire a Criminal Defense Attorney?

The phrase “Don’t Mess With Texas” is very appropriate when it comes to the Texas court system. Texas is among the highest conviction and incarceration rates in the US. It’s not a place where one can expect to prevail simply because they feel they are innocent. Texas prisons are filled with folks who thought they could “beat the system”.

The Unique Complexity of the Case

To put it simply, the more serious the charges, the more work for an attorney. This will mean higher legal costs as well. Usually there are two factors when it comes to criminal defense cases - the complexity of the case and seriousness of the charges.

Defendants Criminal History (If Applicable)

The cost is also affected by one’s criminal history. The more legal trouble someone has had in the past, the more the lawyer will have to work to make sure that those issues from your past don’t impact your current predicament.

Flat Fee vs Hourly Billing

Civil and family law attorneys often bill by the hour of work done on a case. It’s common for those attorneys to request a portion of the expected total cost upfront as a retainer. As they work on a case, they track the hours and will deduct it from the amount in the retainer.

Before You Meet With a Criminal Defense Attorney

Before you have your first meeting, you should consider what you want from your defense attorney in the first place. For example:

The Meeting

Once you’ve decided to meet, prepare to answer any and all questions the attorney may ask. Depending on the type of case, they may require a little or a lot of information.

Your Case - Your Choice

Now that you understand the cost of a criminal defense attorney, you’re better prepared to find the right lawyer to represent you.

Was There An Unlawful Search?

Were You Actually in Possession of Drugs?

Can You Claim A Lack of Knowledge Or Intent?

Was Entrapment Involved?

Can They Prove You Had An Illegal Substance?

Hire A Lawyer Who Knows How to Get A Possession Charge dismissed.

• There are a variety of additional defenses a good lawyer can employ when fighting a drug possession charge. Anything from issues with being read your Miranda rights to a history of addiction could potentially help you avoid jail time when faced with possession charges. But it’s critical to find an experienced and aggressive law firm that will do ev...

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