Possession of a controlled substance is a severe charge in the United States, and the substance you possess could put you behind bars for years. Nearly 250,000 people in the US are sent to prison annually for drug-related charges. Getting arrested for simple possession might not seem like a big deal, but you must take the proper steps to earn a second chance at life.
Many detainees fear the social stigma and legal consequences of an offense of possession of drugs. You’re within your rights to take steps to beat a possession charge and get your life back.
The good news is that you’ve found this practical guide to take you through the steps you must take to beat a simple possession charge. Continue reading to build your strategy and receive a favorable outcome from your case today!
Hire a Lawyer
The first thing to do after getting charged with simple possession of a controlled substance is to find a qualified and reputable attorney to represent you. The best lawyer will help you from the time of your arrest to the resolution of your case. Communicate with your lawyer as soon as possible after your arrest.
Your lawyer will be by your side to assist with police interrogations and bail for hearings. They’ll handle the negotiation of your sentences and all aspects of representing you during your trial. It’s also critical to remember that the judge will appoint a lawyer for you if you can’t afford one with your finances.
Understand Substance Classifications
There are several types of narcotics banned in the US. It’s in your best interests to understand these substances and their classifications. You’ll better understand the repercussions of your simple possession charge.
Class I drugs have a high potential for abuse. The most common Class I drugs are marijuana (in some states), heroin, peyote, and LSD.
Class II drugs are used for medicinal purposes, though their abuse can cause significant issues for users. The most common Class II drugs for which people get the offense of possession are Oxycontin and Hydrocodone.
Class III drugs include substances that are harmful to your health in larger doses. They’re less likely to be abused than other substances, but you’ll still face consequences if caught with them. These drugs include anabolic steroids and ketamine.
You should also be aware of the risks of possessing Class IV drugs. These drugs are often prescription drugs, including Xanax, Valium, and Klonopin. Hire a Greenville drug crime defense attorney to represent you if caught and charged with simple possession of these substances.
Understand Narcotics Offenses
Possessing Class I, II, and III drugs in the US is illegal. You’ll need special permission and authorization to possess and use those substances. The amount of drugs you have on your person doesn’t matter regarding your charges for simple possession.
Law enforcement officers will judge your offense based on measurable, tangible, and visible evidence. Traces of a substance like cocaine in a plastic bag isn’t enough to charge you with a crime.
Consider a Compromise
Your drug possession attorney will likely recommend that you reach a plea agreement or settlement with the justice system before your court date. You can beat a possession charge by pleading to a lower charge or finding a different arrangement to avoid more severe penalties.
Most states provide diversion programs. These programs are designed to help you plead down to a lesser charge with the chance to get your life back on track. You can also admit to an addiction to a controlled substance to enroll in a rehab clinic instead of facing time in prison.
Know Your Fourth Amendment Rights
Your Fourth Amendment Rights protect you from unreasonable searches and seizures. It’s one of the best methods to beat a possession charge and resume your life. The US Constitution protects you from illegal searches by law enforcement.
The police officers will need your permission to search you for controlled substances or likely cause to think you’re carrying them. Any search beyond those criteria is illegal and won’t stand up in court.
Claim Entrapment
It’s best to hire an experienced drug possession attorney to help you if you plan to claim entrapment to beat a possession charge. The process involves demonstrating that the pressure from law enforcement resulted in you getting booked for simple possession.
Your lawyer will provide evidence that law enforcement pressured you into committing a crime. The person pressuring you could be an informant or an undercover law enforcement officer. Work with your attorney to find the best path toward beating your possession offense.
Refuse to Acknowledge Possession
Another effective method to beat a charge for simple possession is to refuse to acknowledge the substance. It’s a method of stating that the substance isn’t yours. It works best when the drugs are discovered in the presence of you and your friends or colleagues.
The burden of proof falls on the law enforcement officers to prove that the substance belongs to you. It’s a challenge for the officers because they must prove that the substance doesn’t belong to any other party.
Use Medical Exceptions
Medical exceptions are another area where an experienced drug possession attorney can assist you. The best example of using medical exceptions to beat simple possession charges is to get caught with medical marijuana.
If you legitimately possess medical marijuana, you can demonstrate that authorities searched you unjustly. With help from your attorney, you can have the case thrown out and resume your life.
Beat Your Simple Possession Charge Today
Learning the best strategies to beat a simple possession charge is crucial to getting your life on track. Consider hiring an experienced drug possession attorney to fight the charges and use your Fourth Amendment rights to build evidence. Understand the consequences of different controlled substances when facing a simple possession charge.
Taking on the legal system by yourself is a daunting task. Check out our Legal blog content for the best guides to hiring an attorney and beating your charges today!
