what kind of lawyer do i need to fight a drug charge

It is possible to fight drug possession charges and win. While it is challenging to defend someone on drug possession charges, an experienced, aggressive attorney makes it possible. Filing numerous document requests, depositions, and other types of requests can eventually wear the prosecutor down.

Full Answer

Do I need a lawyer for drug charges?

Jan 05, 2022 · It is essential to have the help of a drug lawyer for any drug charges you may face. Drug charges may be some of the most serious types of changes under federal and state laws with serious consequences. Your attorney can review your case, determine if any defenses are available, and represent you during any court proceedings.

Are there drug defenses to a drug charge?

Sometimes substance abuse treatments don't work, and these people find themselves facing drug crime charges. If you suffer from addiction or substance abuse and have been arrested for a drug offense, an experience drug crimes attorney can help. Use FindLaw to hire a local drug crimes attorney near you to help prevent a multi-year jail sentence.

Are You facing drug crime charges for substance abuse?

You should immediately contact a criminal defense attorney for assistance with these types of cases, even if the charges seem relatively minor. Failing to do so could have dire consequences that a skilled attorney may be able to help you easily avoid. Provided by HG.org Read more on this legal issue What Are the Different Schedules of Drugs

Is there an affirmative defense to the charge of possession of drugs?

May 14, 2020 · To prevent severe repercussions from happening, make sure to consult with a criminal defense attorney as soon as possible. If you or a loved one have been charged with drug possession in Georgia, you need an experienced criminal defense attorney such as Tyler Moffitt to achieve a favorable outcome to your case.

What are the 4 elements that must be proven in a narcotics case for the crime of possession?

Burden of ProofYou unlawfully possessed a controlled substance,You knew of its presence,You knew of its designation as a controlled substance,The drug is listed as a controlled substance in the Health and Safety Code, and.There was a usable amount of the controlled substance.

How do you beat a possession charge in Texas?

How To Win A Drug Possession CaseGet Attorney Representation Immediately. Your first step is to hire a reputable drug possession attorney who specializes in fighting felony drug charges. ... Assess Possible Defense Strategies. ... Lab Testing Issues. ... Beyond a Reasonable Doubt. ... Contact a Drug Possession Attorney Today.

How do you beat a drug charge in NC?

How to Beat a Drug Trafficking ChargeKnow Your Rights. First, it's important to know your rights before and during an arrest. ... Get Evidence Early. ... Building a Strong Defense. ... Protect Your Future with a Defense Attorney.Mar 26, 2021

What is the purpose of constructive possession?

Actual possession of drugs means law enforcement found drugs on you, like in your hands or pants pocket. It also means that no one else has equal access to the drugs that were found. Constructive possession occurs when law enforcement finds drugs in your general area, but not on you.Aug 20, 2021

Can you get probation for a felony drug charge in Texas?

Under Texas Code of Criminal Procedure, Article 42A, a defendant charged with state jail felony drug charges is eligible for probation (in fact, you must receive probation), as long as they haven't been previously convicted of a felony.May 14, 2021

How do I get a drug paraphernalia charge dropped in Texas?

One of the most common ways to dismiss drug paraphernalia charges from a record is to prove that probable cause didn't exist. If a police officer pulled you over without stop or seizure of your person. The drug charge, in all probability, will be dismissed.

What is simple possession in NC?

Simple Possession Charges in NC Class 3 Misdemeanor Marijuana Possession: if you are alleged to have possessed less than ½ ounce of marijuana. Class 1 Misdemeanor Marijuana Possession: if you are alleged to have possessed between ½ ounce and 1 ½ ounces of marijuana.Jul 29, 2019

How can a drug trafficking charge be dismissed?

How to Get Drug Trafficking Charges DismissedDon't Speak Without an Attorney Present. This guidance applies to almost any time you are arrested. ... Know Your Rights. ... Build a Bulletproof Defense. ... Preserve All Possible Evidence. ... Consider Pre-Trial Diversion. ... Contact a Criminal Defense Attorney.Dec 21, 2021

How do you get a possession charge dismissed in Tennessee?

Tennessee simple possession cases that were dismissed, retired, or otherwise received a verdict of not guilty may be easily expunged by filing paperwork with the court clerk. These cases may be cleared from your record without paying the standard fee.Nov 10, 2020

How does law enforcement prove possession?

Actual possession usually occurs when the police catch you “red-handed.” But it may also be established by circumstantial evidence. So even if you swallow, flush, or throw an item away in order to avoid arrest, the prosecutor may be able to prove that you possessed it.

What is an example of constructive possession?

For example, if someone steals your credit card number, the actual credit card never leaves your actual possession, but the person who has stolen the number does have constructive possession, and could most likely be charged with theft of your credit card information.

What are the two types of possession?

There are two different types of drug possession: actual possession and constructive possession. Actual possession means having the substance in their physical possession or control.

What is the defense to a drug charge?

Another common defense to a drug charge is to simply that the drugs don’t belong to the person charged. This defense has a greater likelihood of success if more than one person is present at the time the drugs are discovered. For example, if the drugs are found in an apartment with multiple tenants, a defendant can argue that the drugs do not belong to her, or that she had no idea drugs were present. This defense places the burden of proof on the State to show that the drugs actually belonged to the defendant.

What happens if you are charged with a drug crime?

If you are charged with a drug crime and the State no longer retains the actual drugs seized during the officer’s search, the charge will likely be dropped.

What is sharing is caring?

Sharing is caring: Minnesota law prohibits the possession, manufacture, and sale of certain controlled substances. If you are charged with a drug crime, there may be several drug defenses available. One should always consult with an attorney if charged with a criminal offense, but the following are the top ten defenses one might use ...

Which amendment guarantees the right to be free from unreasonable searches and seizures?

The Fourth Amendment of the United States Constitution guarantees the right to be free from unreasonable searches and seizures. In other words, police generally may not search or seize a person’s property without first having probable cause to believe that she committed a crime.

What is the right to remain silent?

If a person is placed under arrest and he makes statements before the police inform him of his right to remain silent, those statements may not be used against him in court. The Fifth Amendment to the United States Constitution provides that whenever a person is taken into police custody, the individual must be told of his right to not make any self-incriminating statements before being questioned by the police.

What is entrapment in police?

Entrapment is an abuse of police power. Further, if individual working for police (e.g. an informant) pressures a person into passing drugs to a third party, the entrapment defense may apply.

What is proof of intent?

Proof of Knowledge or Intent. The State must prove that a defendant had a particular state of mind at the time the drugs were possessed. For example, the State needs to prove that an individual had actual knowledge that he or she possessed drugs. If a person is charged with a sales crime, the State must prove that the person intentionally sold ...

How do you prove someone is not guilty of a drug crime?

Another way that people charged with drug crimes are found not guilty comes from the lack of proof that the substance is in fact an illegal narcotic. To convict someone of a drug crime, the government must prove that the alleged illegal substance found is in fact the drug that they believe it to be. Often, the government obtains a field test of the drug and sends it to a crime laboratory, where it is tested. In some rare cases, drug samples are lost, equipment isn’t calibrated, or the sample is inadvertently destroyed. In these instances, the defense attorney may be able to keep the results of the test out, thereby earning an acquittal for his client with the argument that the government could not prove beyond a reasonable doubt that the substance obtained was in fact an illegal drug.

How do I win a drug case?

Another way people win drug cases is through lack of knowledge or awareness of the existence of illegal drugs. When law enforcement finds a small amount of methamphetamine in a car, everyone in the vehicle is usually arrested. But it is difficult for law enforcement to prove these cases beyond a reasonable doubt. Here’s why: if law enforcement pulls over a car with four occupants and methamphetamine is found in one of the occupants’ purses, it is possible that the other three occupants were not aware of the presence of methamphetamine. Think about it. How many times have you sat next to someone carrying a purse in a car, train, bus, or airplane? You did not know what was in that purse. To convict someone of drug possession, the government must show that that person knowingly possessed the illegal drug.

What is a controlled substance in Texas?

Chapter 481 of the Texas Controlled Substances Act includes an extensive definition of “drug paraphernalia”. That definition is broad enough to cover anything that someone might use to grow, manufacture, distribute, or sell illegal substances, including scales and testing equipment, plastic bags and similar packaging, water pipes and devices used to vaporize drugs, and hypodermic syringes. At least one Texas municipality has also considered adopting its own local ordinance that aims to prevent the sale of drug paraphernalia from convenience stores and other retail outlets.

What is Class C drug paraphernalia in Texas?

First-time offenders in Texas who have no prior criminal histories and who are not found with drugs on their person are most likely to face Class C misdemeanor charges of possession of drug paraphernalia. Those charges carry a $500 fine and sometimes require the offender to complete some community service, but the charges will usually be erased when the fine is paid and the service hours are completed.

Is a criminal charge trifling?

Criminal charges are not trifling matters. Prosecutors take great pride in high conviction rates and will go to great lengths to prove beyond a reasonable doubt that a person charged with possession of drug paraphernalia did, in fact, violate the Texas laws against possession and use of drug-related devices.

What is the Texas Controlled Substances Act?

Section 481.125 of the Texas Controlled Substances Act prohibits individuals from knowingly or intentionally using drug paraphernalia in conjunction with controlled substances.

Can you be charged with possession of drug paraphernalia in Texas?

Possession of Drug Paraphernalia in Texas. Texas prosecutors can be relentless in trying to get convictions for crimes involving illegal drugs. You can face felony or misdemeanor charges for possessing any type of drug paraphernalia, which includes water pipes, scales, syringes, and many other products and implements that have legitimate uses other ...

What are the conditions for drug testing?

Some of these include the following: Pre-employment: Employers are always trying to determine how best to weed out employees that may present a liability .

Can you use medical marijuana for glaucoma?

Some states have approved the use of medical marijuana for the treatment of glaucoma, nerve pain, seizures, cancer, or irritable bowel syndrome. You can raise this as a defense if the use of marijuana is lawful in your state. A lesser used defense is lab error. Though rare, it will happen and whether there has been employee error in running ...

Is random testing a violation of privacy?

Though random testing has been attacked as a violation of employee privacy rights, some states still allow this practice. Courts in particular have upheld the lawfulness of random testing in safety-sensitive workplaces and where testing is truly random.

Is marijuana a drug?

Marijuana, for example, is a commonly tested drug. However, with so many states now allowing the legal use of marijuana for recreational and medicinal use, the employer may be precluded from discriminating against you when you use this drug. Some states have approved the use of medical marijuana for the treatment of glaucoma, nerve pain, seizures, ...

Do employers require drug testing?

Many employers require drug testing as a condition of hiring and continuing employment. In fact, it is rare these days for an employment application not to forewarn of the employer’s intention to conduct a drug test before issuing an offer of employment. Drug testing is carried out by some government employers and has become quite popular in ...

Who is the best attorney in Tampa Bay?

Lee Pearlman is the best Attorney around Tampa Bay Area!!! He makes you feel comfortable, responsive, & knows shows true professionalism. He’s very passionate in what he does!! I’ll forever be grateful and will always recommend Lee to anyone.

How long can you go to jail for possession of a drug?

That means the judge can impose up to five years in prison, five years of probation, or a $5,000 fine. A conviction for possession of synthetic drugs will also result in a one-year driver’s license revocation.

What is the highest standard in the legal system?

The state must prove each of these elements beyond a reasonable doubt. Beyond a reasonable doubt is the highest standard in our legal system. And if the state can’t prove any one of the elements of a charge, then the state can’t prove the entire charge.

Who is the informant in the book The Last Jedi?

Paul has a confidential informant named Maria. Maria tells Paul that she believes Diana would buy drugs from Paul. The informant introduces Diana to the undercover police officer. Initially, Diana wants nothing to do with Paul’s attempts to get her to buy drugs.

What is an alibi in Florida?

An alibi is when a person accused of a crime in Florida presents proof that it was impossible to have actually committed the crime because the accused was somewhere else during the time that the crime was committed. And alibi must be able to cover the entire time period during which the crime occurred.

How long can you go to jail for Xanax?

Possession of Xanax without a prescription can get a person up to five years in prison, five years of probation , and a $5,000 fine. Any person convicted of possession of Xanax will also have their driver’s license suspended for one year .

Is possession of drugs an affirmative defense?

There is an affirmative defense to the charge of possession of drugs if the accused can prove that he or she did not know that the substance in their possession was a drug.