A drug possession charge is a serious offense that will earn you jail time or a hefty fine, depending on the drugs you have and the state you’re prosecuted in. It’s important to note that although some states in America have legalized the use of medical marijuana, others like South Carolina haven’t. You may face imprisonment in Columbia, South Carolina if you’re caught using or in possession of marijuana.
Getting drug possession charges dropped immediately requires counsel from experienced attorneys. When you hire a qualified attorney for drug charges, you can reduce your likelihood of facing imprisonment or hefty fines. You can now find reliable drug crime attorney Columbia services from a reputable law firm like Strom Law.
When you’re hiring a drug crime defense attorney in South Carolina, make sure they have the required skills, experience, and knowledge of the law. The kind of attorney you hire determines the success of your case. Choose an attorney who has successfully handled similar charges before. This way, you’re assured of getting your drug charges dropped immediately.
An experienced drug crime lawyer knows the tricks to use in different drug possession cases to have the charges dropped immediately. Apart from having an experienced attorney, here are other effective ways to get your drug charges dropped.
Challenging the Drug Possession Charge
Your attorney knows the various legal definitions of possession and how they can be used to drop your charges. Illegal possession of drugs means that you actually have the drugs on you or you constructively possess the drugs. Actual possession of drugs implies that you either have the drugs on you at the time of the arrest or you have immediate access to them (e.g. carrying the drugs in your backpack).
Constructive possession of drugs means that although you don’t have the drugs on you or have immediate access to them, you have some sort of control over them. For instance, you could be storing the drugs in your garage, closet, or any other secret place where you control access to them.
A drug possession charge will only stick if you are caught in either actual possession or constructive possession of drugs. If you didn’t have the drugs on you at the time of the arrest, you can challenge the possession charge. You must prove that you were not in possession of the drugs in question at the time the charges were issued.
Therefore, if you or your drug crime attorney can prove that you didn’t have the drugs on you or control over them at the time of your arrest, you may be able to successfully challenge the possession charges.
Plea Deal
If you’re facing simple drug possession charges and there’s enough evidence to prove that you were in possession of the drugs, the best option may be to plead guilty and agree to go through the drug diversion program. This is a rehabilitation program that involves undergoing drug treatment lessons.
Once you’ve successfully completed the program, the district attorney (DA) dismisses your drug possession charges and allows you to reintegrate into society without any criminal record. If you don’t complete the drug diversion program, the DA reopens your drug possession case and takes you to trial.
Note that only first-time offenders arrested on misdemeanor drug charges are eligible for the drug diversion program. Your attorney will advise you on the steps you need to take to enter the program if they believe you’re eligible.
Provide Drug Prescription
If you were arrested for having prescription drugs, you can have the charges dropped by providing the DA with a prescription. The most common prescription drugs that might get you in trouble with the Drug Enforcement Agency (DEA) include Codeine, Oxycontin, Vicodin, and Xanax. If you’re arrested for possessing any of these drugs, the best defense is to produce a valid prescription from the doctor. This proves that you aren’t holding the drugs illegally.
Claim That Your Constitutional Rights Were Violated
You can have the prosecutor drop your drug possession charges if you can prove that your constitutional rights were violated by the DEA officer who arrested you. For instance, you can claim that nobody read you your Miranda rights, you were arrested without probable cause, you were coerced to confess, or the search or seizure was conducted without a valid search warrant.
In Summary
Getting drug possession charges is easy when you have a qualified and experienced drug crime attorney on your side. If you’re looking for a reliable lawyer in Columbia to defend you against serious drug possession charges, contact the offices at Strom Law today.
