Fighting a Drug Possession Charge

As soon as you are placed in handcuffs and coaxed into the back of a police car, you may be wondering what you can do to fight a potential drug possession conviction. You know that you were caught with some amount and type of drug in your possession, but perhaps it was a simple misunderstanding or easy mistake that led to this happening. What you should do after leaving the police station is to call a reputable drug lawyer, like a drug lawyer in San Francisco, CA, who has experience in these matters. 

Is it difficult to fight a drug possession charge?

Fighting a drug possession charge may not be easy, but it is certainly possible with the right legal representation. Your attorney can ensure that your rights are protected and are given a fair trial. If your attorney is unable to get the charges against you dropped entirely, then they can still fight for a reduced sentence or other consequences besides serving time behind bars. 

What consequences may I face if convicted of drug possession?
The factors of your arrest are going to be taken into consideration by the judge who handles your case, such as the substance you were caught with, how much you had, and whether you are a first-time drug offender or not. If you have a criminal history that is non-drug related, that could work against you. The potential consequences for a drug possession conviction may entail:

  • Having to pay steep fines
  • Being required to attend rehabilitation, therapy, or another type of behavior modification program
  • Needing to fulfill a certain number of community service hours by a deadline
  • Spending a few days or multiple years in jail
  • Being put on probation, in which you will have to follow court rules (if you break them, you risk going to jail) 

What if the officer performed an unlawful search and seizure?

How the officer found the drugs if going to be a crucial element of your case. Factors that can weaken the prosecution’s case against you include if the officer pulled you over in your vehicle without reason, the officer forcibly searched you or your property without permission, or you were not read your Miranda rights. Your attorney will likely ask you very detailed questions about how the arrest happened to see if there were questionable influences or motivations on behalf of law enforcement that needs to be investigated further. If your attorney can show that the officer failed to respect your rights and state laws, then your case may be dropped by the judge. 

What if I didn’t have the drug on me at the time of the arrest?

It is still possible to be arrested for drug possession even if you didn’t have it in your hand, pocket, or purse at the time. For instance, if there were drugs found in your vehicle or home and you have the keys, then you may be charged for constructive possession. This means that you had the ability to be in control of the drugs and were aware of their presence. 

Thanks to The Morales Law Firm for their insight into how to fight a drug possession charge.