Are you thinking of hiring a drug defense lawyer? Read through these frequently asked questions to learn more about what to expect from your case.
If you have been accused of being in possession of drugs,
you are going to want the help of a drug defense lawyer. Before you hire one of these attorneys, take some time to read through some common questions that clients often ask. Knowing the answers to these questions will save you and your legal professional some time.
What Types of Defenses Are Used for These Cases?
If you were found with drugs on you, your attorney is probably going to try to prove that the evidence being used against you was obtained illegally. If the police violated your Fourth Amendment rights, which means they conducted an unreasonable search and seizure, then the evidence they obtained cannot be used in court. If they searched your home or car without your consent or without a search warrant, then that is the strategy your attorney will probably use.
Also, the police cannot collect self-incriminating evidence. This is a violation of the Fifth Amendment. If the police got you to incriminate yourself illegally, then this may be the strategy used in your case. Both of these situations make it difficult to prove that you are guilty beyond reasonable doubt.
How Is Court for These Cases Different?
People accused of narcotics crimes go to a different court system than those accused of other crimes. These courts may require treatment and rehabilitation instead of jail time for their crimes. Your drug defense lawyer will work hard to get you something other than jail time, especially if you are facing your first offense. This is far less common in criminal court.
What is Forfeiture?
If the government has reasonable evidence that property, such as narcotics or the items used to cultivate or distribute controlled substances, was or could be used to commit a crime, they could legally seize it. This is known as forfeiture. Forfeiture does not require consent or a warrant.
Do I need an Attorney if I plan to Plead Guilty?
If you know that the evidence stacked against you is unquestionable, the best course of action may be to plead guilty, although this is not always the case. If you choose to plead guilty, you still need the help of a drug defense lawyer. With an attorney on your side, the courts will probably go easier on you. Also, an attorney is able to negotiate a lighter sentence, advise you on voluntary treatment, and help you with your presentation in court. These are all invaluable as you face the potential for jail time and other strict punishments.
What Is Diversion?
The misuse or abuse of prescription drugs for recreational purposes is known as diversion and is a crime. This often occurs when individuals "doctor shop," steal prescriptions, or are guilty of prescription fraud. Those guilty of this crime may not need to go to jail, but instead can go to a Diversion Program. A drug defense lawyer can help you get this alternative and avoid jail time when facing these charges.
