Getting charged for drug possession can ruin your life. It can be pretty stressful, especially when you did not expect to be arrested. After all, in many States, it is not a criminal offense if you simply possess certain substances.
So, what do you do if you get a drug possession charge? Can you get this charge dropped somehow? In this article, we will look into how you can get a possession charge dropped.
Drug Possession – What Is It?
Drug possession refers to the criminal act of possessing any illegal drugs willingly, and by knowing that it is a crime to have them on your possession. Sole illegal substances that can lead to a possession charge are cocaine, meth, marijuana, heroin, and others.
Depending on the type of illegal drug you possess, your charge may be different. For instance, you may be charged with a first-degree felony if you possess any Schedule I drugs or II drugs willingly and knowingly. Second-degree possession charges are given to people who possess Schedule I, II, or III non-narcotic drugs. As you can see, it can get complicated, and that’s why it’s important to speak to a law firm if you are involved in criminal activity.
When it comes to first-time offenders for schedule I first-degree felonies, they may get first-degree class D charges. Meanwhile, someone who is repeating the offense may get a Class C felony charge.
How Do You Get a Possession Charge Dropped?
Before looking into whether it is legal to grow cannabis in your area or possess it, you should know what you can do in case of a drug possession charge. For instance, in the United States, possessing cannabis that contains over 0.3% THC is illegal under Federal Law.
We spoke to Alistair Vigier of Clearway Law for some tips, and here are a few things you can do to get your charges dropped:
Prove That the Authorities Made a Mistake
Sometimes, the authorities can make a mistake when arresting you and charging you with drug possession. Police are people just like everyone else, and they can make mistakes. If you manage to prove that any serious mistake was made during your arrest, or that your rights were violated, the chances of your charges being dropped increase significantly.
One common mistake is not being read the Miranda rights by the police. “You have the right to remain silent”… etc. But there are other possible mistakes. Ideally, you should have an attorney to help you navigate this situation in the best way possible. It’s not likely that you will understand all the laws that exist, and that the police must follow when arresting someone. But a criminal law attorney will know.
Demonstrate that Your Constitutional Rights Were Violated
As mentioned above, a police officer who violates your rights is something that could lead to your charges being dropped.
For instance, officers might violate your rights by:
Not informing you about the defendant’s Miranda rightsForcing you to talk to them without an attorney presentSearching you when there was no evidence to justify their searchNot offering you the right or opportunity to have your attorney Not telling you about the consequences of choosing to speakGiving you different treatment or accusing you of a crime based on your race, gender, or religionInterrogating you after you stated you wish to remain silent
Proving Abuse of Power by the Police
Some police officers abuse their power and proving this can help you get your charges dropped. Police abuse of power examples include:
Making arrests without warrantsViolating civil rightsActs of violence and assaultMaking searches without enough evidenceUsing excessive forceForcing an individual to have sexual relations or taking bribes to avoid charging them
If you want to learn law online, you’ll know what to do if you’re ever charged. This might also help you avoid a potential drug possession charge. You’ll be able to stay away from any trouble if you do everything according to the law.