First Rule: Don't Talk to the Police without an attorney
The quality of lawyering is important in all criminal offenses, but more particularly in the defense of a citizen charged with possessing, selling, or manufacturing drugs. Although the judicial system is becoming increasingly tough on drug offenses, commonly imposing mandatory sentences of incarceration, there are increasingly more ways to help a citizen charged with a drug offense. Although citizens charged with drug crimes sometimes have a sense of hopelessness, there are many ways to aid an individual who has been arrested for a drug offense. At a FREE initial consultation, one of our experienced drug crime defense attorneys can establish a strategy to aid you in defending yourself against a drug violation.
Second Rule: Never Consent to a Search Without First Seeing a Search Warrant
Even when a citizen has been arrested and charged with possession of drugs, whether it is for simple possession or possession with intent to distribute, it does not mean he/she will go to jail. Our defense attorneys are experienced in investigating every drug case and determining whether the police search was an illegal search. Many times even when drugs are seized, the search that has been conducted by the police is an improper search. When a judge rules that a search was conducted improperly, the drugs that were seized by the police are suppressed. Often this will result in the charges being withdrawn.
Third Rule: An arrest for Drug Possession Does Not Always Mean that You will have a criminal record for a drug arrest
Even when a drug arrest does not result in jail the damage is considerable. Now more than ever we live in an information age where criminal records are routinely scrutinized by potential employers and licensing boards for professional men and women. It is critical to avoid a criminal drug record if it can be avoided. With a first time offender who is charged with simple possession of drugs, even the so-called "hard drugs," there are rehabilitation programs available. If one has no prior criminal record, at the end of probation, the charges will be dismissed and the associated record expunged. This program is referred to as probation without verdict.
Knowledge of this area of the law can make the difference in whether or not a citizen is burdened with having an unnecessary criminal record or not. Even when a citizen is charged with possessing drugs with intent to distribute them, if a judge makes a ruling that the drugs were seized illegally, your record can be expunged. Expungement, meaning that your record is cleared of all signs of the incident; including arrest, police mugshots, and finger prints. Often times a citizen is charged with a felony drug arrest (i.e. intent) when they are not guilty of this crime. The stereotype of the drug dealer is an individual who sells drugs to amass large sums of money, when in fact this is furthest from the truth. A majority of drug distributors are citizens who become ensnared in drug addiction. And because of the tremendous cost of purchasing drugs, they distribute drugs to raise money to pay for their own drug usage.
After any criminal accusation, it is important to talk to a drug crime defense lawyer before saying a single word to the police. Never, under any circumstance, consent to any kind of search of your person, house, or car; in drug cases, cooperation with police almost never makes things easier.
Even if you've already been arrested and illegal substances have been found, it does not mean you will go to jail. Our drug crime defense attorneys often investigate the search and seizure procedures used by police and find violations of the fourth amendment. We then can get cases thrown out of court.
