Being charged with a felony drug offense is frightening, but it doesn’t have to be the end of the world. Things may appear horrible at first, and it is difficult not to feel confused and overwhelmed. Still, it is generally possible to construct a successful defense against this type of criminal allegation by getting a federal defense attorney.
There are various options for avoiding hefty penalties, jail time, and perhaps having charges dismissed. This brings us to the most crucial question:
How Do You Beat a Felony Drug Charge?
Hire a Criminal Defense Attorney
You want to create a viable criminal defense against the charges you’re accused of. A qualified attorney will establish if the drugs were discovered legally by the police. An officer is not legally allowed to search your property without a signed search warrant or without sufficient cause. According to the exclusionary rule, you cannot be charged if drugs were found in your possession if the search was illegal.
Understand What You’re up Against
A felony drug charge is a serious offense that can land you in jail for an extended period. Possession of crack, cocaine, heroin, or meth constitutes a felony drug offense. In some places, if you are caught with more than a pound of marijuana, you will also be charged with felony possession.
Some states treat first-time offenders leniently but penalize repeat offenders harshly. You’ll need a vigorous defense if you have a record. However, if the charges are brought for the reasons stated previously, you have a fighting chance.
Breach of Miranda’s Rights
If you are arrested and make statements before the police inform you of your right to remain silent, those statements are not admissible in court. To ensure you do not make any self-incriminating statements, the Fifth Amendment to the United States Constitution states that you should be informed of your rights.
Exception for Medical Marijuana
In some states, there is an exception for people found in possession of marijuana used as medicine. However, suppose you are diagnosed with a qualifying disease and have a medical prescription authorizing your participation in the program. In that case, if you legally participate in this program, you may have a defense against marijuana-related drug charges.
Proof of Entrapment
If a law enforcement officer coerces you into committing a crime that you would not have committed otherwise, then you may have a solid case to defend yourself against the charges. Entrapment is a form of bad policing. Furthermore, if a person working for the police (e.g., an informant) coerces someone into transferring drugs to a third party, the entrapment argument may be used.
The Alleged Drug’s Lab Results
Another reason why those accused of drug offenses are found not guilty is a lack of proof that the substance in question is actually an illicit narcotic. To convict someone of a drug crime, the authorities must demonstrate that the alleged unlawful substance is, in fact, the drug that they suspect it to be.
The prosecution should send a sample of the alleged drug to a crime laboratory for testing. In rare circumstances, drug samples are lost, equipment is not calibrated, or the sample is inadvertently destroyed. In these cases, the defense attorney may be able to contest the charges, resulting in an acquittal for his client.
Defeat the Charge
Felony drug charges can have far-reaching consequences in your life. There are no simple or easy strategies to combat them. Avoid calamitous outcomes. Hire a qualified lawyer to represent you and you stand a great chance of being successful.
