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Tips for overcoming a felony drug charge
Defense attorneys must first answer whether the narcotics in question were discovered due to an authorized or illegal search by law enforcement. Any evidence collected illegally by law enforcement shall be suppressed if it was obtained via an unlawful search of someone’s home, automobile, or person by law enforcement. Any evidence obtained through an illegal search or seizure will not be admissible at trial.
This concept, also known as the exclusionary rule, essentially argues that police officers cannot profit from violating a person’s fundamental rights to protect themselves. It is not possible to use evidence discovered by police against a criminal defendant if the defendant’s Fourth Amendment rights have been violated.
In the case of drugs, there is a lack of knowledge.
Another method in which people win drug charges is because they are unaware of illegal drugs or are unaware that they exist. When law enforcement officers discover a small amount of methamphetamine in a car, they usually arrest everyone in the vehicle. However, it is difficult for law enforcement to establish their innocence beyond a reasonable doubt in many instances. This is as follows:
Even if law enforcement officers stop a car with four people in it and discover that one of the passengers’ purses contains methamphetamine, it is feasible that the other three passengers were unaware that methamphetamine had been detected in the purses.
Consider the implications of this. What’s the number of times you’ve sat next to someone toting a handbag in a car, train, bus, or airplane? You were completely unaware of what was in that purse. To convict someone of drug possession, the government must prove that the defendant did so intentionally and intended to distribute the unlawful drug.
Examination of the alleged drug charge at a laboratory
Another reason why those accused of drug offenses are found not guilty is insufficient evidence that the substance in question is an illicit narcotic. The authorities must establish that the suspected illegal material discovered is, in fact, the drug that they believe it to be to convict someone of a drug charge.
Sometimes the government obtains a field test of the substance and sends it to a crime laboratory, where it is subjected to further examination.
Occasionally, drug samples are misplaced or destroyed by accident. Other times, equipment is not calibrated correctly, or the model is killed by accident. This type of defense counsel may keep the test results secret, resulting in an acquittal for his client because the government was unable to prove beyond a reasonable doubt that the substance collected was, in fact, an illicit narcotic.
Many students and young professionals have been arrested and charged with possessing a prohibited narcotic, unfortunate for Berry Law’s attorneys. In some instances, the young adult, who had a promising future, faces a felony conviction. As well as the possibility of imprisonment, a sentence for a felony will result in a lifelong disqualification when seeking jobs. Most employers do not hire someone who has been convicted of a felony.
Fortunately, several options are available to avoid a felony conviction on a drug possession accusation. Drug charge courts are available in several counties throughout the state of Nebraska, including Lincoln. If a person completes drug court, the charges against them are dropped.
The use of pretrial diversion, in which a person accused of a crime can participate in a probation-like program to have the charges against them dismissed, is permitted in several counties in Nebraska. Another scenario is the plea bargaining down of felony drug charges to less serious misdemeanor charges.
What Is the Best Way to Beat a Felony Drug Charge?
If you’re wondering how to beat a felony drug charge, you should know that you’re up against a steep uphill battle. That fight will be significantly more difficult if you do not have legal representation.
For many decades, the United States has made it plain that narcotics and drug trafficking will be dealt with harshly by the federal government. After beginning with only one federal crime and punishment, the war on drugs has expanded to include a myriad of federal offenses and penalties designed to stop the movement of drugs across state and national boundaries.
Florida has risen to the top of the list of priority locations for federal and state law enforcement agencies, cracking down on commercial trafficking and recreational users. More laws and harsher sentences are enacted to bring significant drug criminality to a halt every year. Unfortunately, many persons charged with relatively minor charges have faced heavy penalties for felonies and crimes intended to address much more severe issues than simple drug use.
Charges of drug possession should not be ignored.
Even a first-time drug felony conviction can land a person in a Florida prison for several years on the books. The goal of making the punishment severe is to convey a message to those considering taking the risk that they should think twice before doing so.
As a result, various penalties are available, ranging from one to ten years in prison for a single offense alone. An excellent legal defense may minimize felony drug charges and the heavy penalties that come with them, and in some instances, the costs may even be dismissed. A great deal is dependent on the quality and experience of the defense attorney who is representing you.
Many people believe that if an attorney follows the appropriate formula, does the right things, and files the proper papers, the felony drug charge will be dismissed. This is not the case. That is not correct. A lot of expertise, knowledge of court procedures, comprehension of the laws of evidence and criminal procedure, and a keen eye for mistakes made by law enforcement are required to defend against a felony drug accusation successfully. Defending against felony drug accusations involves time and effort; thus, the sooner an attorney is appointed to assist the defense, the better.
One technique focuses on closely examining how the matter has been handled and the law has been implemented to identify and benefit from any potential flaws. This is usually referred to as “getting away with a technicality.” Still, it is an admission by a defense counsel that they were clever enough to identify and exploit a mistake committed by another party on behalf of a client.
The most common technical arguments relate to how law enforcement officers conducted themselves during the arrest and evidence collection process. If these activities are doubtful or corrupted, the actions or even the evidence might be declared null and void by a court of law. Occasionally, prosecutors must abandon or lower the charges, including drug charge or give a more lenient plea arrangement to avoid a trial. The following are examples of “technicalities”:
A search and seizure activity that is illegal cannot be taken simply by entering a home and taking anything the government wants. The Fourth Amendment to the United States Constitution protects citizens from being subjected to an unlawful search and seizure. If law enforcement officers violate it, a clever defense attorney will find out about it and use it as a basis for defending their client in court. The move is highly beneficial in preventing the inclusion of evidence that has been improperly seized.
Incorrect or omitted information Miranda Warning
Incorrect or omitted information Miranda Warning – This notice informs you of your rights under the law. Before being interrogated, every person detained by the police should be notified of their legal rights. These are referred to as Miranda rights after a Supreme Court decision from 1966 that established them. They include rights such as staying silent and having an attorney present while being interrogated, among others.
On the other hand, law enforcement does not always adhere to the letter of the law. In these cases, a defense attorney can argue that anything spoken by the arrestee must be excluded from consideration as evidence…
It is called entrapment when the government creates circumstances that lead to the commission of a crime that the individual had no intention of committing in the first place. Law enforcement can accomplish a great deal in investigating a suspect and criminal behavior, but a line may be crossed when a target is urged to commit a crime. A successful entrapment defense might result in the dismissal of a case entirely, penalizing the prosecution for bringing a bad case before the court in the first place.
Plea bargain agreements – Prosecutors have a wide range of options when deciding what to charge a defendant with and how to negotiate different outcomes for the defendant. Because the courts and prosecutors do not have the resources to investigate and prosecute every criminal case properly, plea bargains and reduced penalties are frequently granted in exchange for pleading guilty.
Due to this method, more quickly, up to two-thirds of patients are moved through the criminal justice system. A plea bargain can be an excellent option if you defend against a drug crime.
While you must enter a guilty plea, the deal might potentially decrease a felony drug charge from its most severe level to one with less than 20% of the punishment. It all relies on how weak the prosecution’s case is and how good the defense’s argument is on the other side.
Is it possible to have felony drug charges dropped?
In a nutshell, yes, it is possible to have felony drug charge dismissed. It does, however, necessitate the appropriate level of competence and skill. If you are facing felony drug charges, you must get the services of an experienced criminal defense attorney. Although the prosecutor may be frightening you with the worst-case situation, the outcome of your case may be dramatically different if you have the correct legal representation.
The Panella Law Firm’s drug crime attorneys can assist you with your case. Our criminal defense attorneys in Florida can provide you with some of the most effective strategies and results. To get in touch with us, please call 407-233-1822 or send an email. Your case is essential, and the sooner we can begin working on it, the sooner we can start putting up a solid defense to protect your interests.