Facing a drug charge can be difficult and scary. Prosecutors may try to intimidate you or bully you into a plea bargain so that they don’t have to prove their case in a court of law. Experienced criminal defense attorneys know all the tricks prosecutors use to try and secure a conviction – and can help you navigate your case to the best possible end result. Judges and prosecutors don’t dismiss or drop charges without a good reason. You need a lawyer on your side who knows how the criminal justice system works and how to work in the court system to defend your rights. Here are a few ways drug cases get dismissed:
Illegal Search and Seizure Defense
The Fourth Amendment of the Constitution of the United States protects you against arbitrary searches and seizures. That means the police have to have a valid reason to search your property – including your car, house, and any sheds or storage buildings – or your person. That’s why the police are required to have a warrant signed by a judge to search your home or other property. Even when the police obtain a search warrant for your home or property, the warrant must be specific about what the police are searching for. If, for instance, the police find illegal drugs while searching for stolen items on your property, a skilled attorney can help defend you against any drug charges that stem from the search.
Many illegal searches and seizures happen during traffic stops or away from home. When the police initiate a traffic stop or if they stop you somewhere on the street, they have to have a valid reason. If you’re stopped without a valid reason and the police find illegal drugs during a search of your vehicle, they might be violating your Fourth Amendment rights. If that’s the case, an experienced attorney can help file motions to dismiss the case.
When you’re facing criminal drug charges, a prosecutor has to establish your guilt beyond a reasonable doubt. This burden of proof means that any piece of evidence could be crucial to the prosecution’s case. A skilled attorney will review the evidence being presented against you and can file motions to suppress evidence that was obtained illegally. Suppressing evidence means that the prosecution cannot present that information in court during a trial. If any piece of evidence was obtained outside of due process or in violation of your Constitutional rights, the whole case could collapse.
Prosecutors know they have to be thorough and careful when building their cases and pride themselves on their conviction rates. An experienced criminal defense attorney will be able to review the evidence being presented against you and will know when to call a prosecutor’s bluff. If a prosecutor loses access to evidence he was counting on for your conviction, he’ll most likely withdraw the charges.
Pretrial Diversion and Drug Court
If you’re facing drug charges for the first time or aren’t considered a habitual offender, you may be offered a pretrial diversionary program or a program through a special drug court. These arrangements usually involve staying out of trouble, paying fines, attending Narcotics Anonymous or rehabilitation programs, and other stipulations. Once you’ve completed all of the requirements of the program, your drug charges can be dismissed or expunged from your record. While these programs aren’t offered to everyone, your attorney can help you navigate the system and find the best resolution for your drug case.
The Best Defense Against Drug Cases
When you’re facing drug charges and your case has the potential to severely damage your future potential, you need an experienced criminal defense attorney in your corner. At the Bobby Digby Law Firm, we’re here to fight for your rights and stand up for you in the court of law! Our criminal defense attorneys have the experience and expertise you need to find the best resolution possible for your case. Contact us today for a consultation!