Facing a drug possession charge can feel overwhelming and confusing, especially when you're unsure what steps to take next. At The Leier Law Office LLC in Fort Collins, Colorado, we know how serious drug charges can be and how important it is to build a strong defense.
Whether you're dealing with minor possession or more serious accusations such as distribution, having an experienced drug crime defense attorney can make all the difference in protecting your rights and future.
There are many legal strategies available that could lead to a dismissal or reduction of charges. With the right approach, it’s often possible to challenge the evidence, question the procedures, or work toward an alternative resolution.
Read on for more information about the different defense options and how a skilled drug crime defense attorney can help you.
Examining How Law Enforcement Handled the Search
One of the first steps a drug crime defense attorney will take is to examine how the search and seizure were conducted. Law enforcement must follow strict rules under the Fourth Amendment when conducting searches. If they violated your rights, the evidence found could be thrown out.
For example, if police searched your property without a warrant or probable cause, your attorney may be able to argue that the search was illegal. Without the evidence from an unlawful search, prosecutors often have little choice but to dismiss or reduce the charges.
This critical area of defense leads directly into another important aspect: evaluating whether your rights were violated during the arrest.
Challenging Violations of Your Rights During Arrest
If your constitutional rights were violated at any point during your arrest, it can be a powerful basis for your defense. A drug crime defense attorney will look at every detail, including whether you were properly read your Miranda rights.
Failure to inform you of your rights, coercing a confession, or using unnecessary force can all work in your favor. Challenging these violations might result in key evidence being suppressed, making it harder for the prosecution to move forward. From here, another vital strategy is analyzing the validity of the actual drug evidence.
Questioning the Validity of the Drug Evidence
In many drug possession cases, the prosecution must prove beyond a reasonable doubt that the substance involved was actually an illegal drug. A drug crime defense attorney can request lab testing and chain-of-custody records to challenge this.
If there are any errors in the handling or testing of the substance, it can weaken the case significantly. Sloppy evidence collection or tampering suspicions can cast doubt on the prosecution’s argument.
Defending Against Constructive Possession Allegations
Constructive possession refers to situations where the drugs weren’t found directly on you but were located somewhere you had control over. Prosecutors often argue that if you had access to the location, you had possession of the drugs.
A skilled drug crime defense attorney will challenge constructive possession claims by showing a lack of knowledge, control, or exclusive access. Demonstrating that others had access to the drugs or that you were unaware of their presence can strongly weaken the state's case.
Using Lack of Knowledge as a Defense
Another effective defense strategy involves arguing that you didn’t know the drugs were present. In drug possession cases, the prosecution must show you knowingly possessed the illegal substance.
If your drug crime defense attorney can present credible evidence or arguments that you were unaware of the drugs, the charges may be dismissed or reduced.
Exploring Pretrial Diversion Opportunities
In some situations, individuals charged with drug possession may qualify for pretrial diversion programs. These programs often involve completing treatment, education, or community service in exchange for dismissal of charges.
A drug crime defense attorney can assess your eligibility and negotiate with prosecutors to enter a diversion program. Successfully completing the program can help you avoid a conviction and move forward without a criminal record. Along with diversion programs, another essential consideration is questioning whether the prosecution has enough evidence to prove its case.
Forcing the Prosecution to Meet Its Burden of Proof
The burden of proof in any criminal case lies with the prosecution. They must establish every element of the drug possession charge beyond a reasonable doubt. A drug crime defense attorney will carefully scrutinize the prosecution’s evidence.
Weaknesses in the case, inconsistencies in witness testimony, or missing evidence can all be used to challenge their ability to meet the required standard. If the prosecution can’t make its case, your charges could be dismissed or significantly reduced.
Negotiating Plea Agreements for Reduced Charges
Sometimes, working with the prosecutor can lead to a more favorable outcome than going to trial. A drug crime defense attorney may negotiate a plea deal that reduces the charges or minimizes the penalties.
In exchange for pleading guilty to a lesser offense, you might avoid jail time, probation, or a permanent felony record. Negotiating from a position of strength after challenging the case early on leads to better offers.
Considering Alternative Sentencing Options
When dismissal isn’t possible, alternative sentencing can still help protect your future. Judges sometimes approve options like deferred sentences, drug court, or community corrections/half way house sentencing, rather than prison.
A drug crime defense attorney will advocate for the least damaging outcome based on your circumstances. Successfully completing alternative sentencing requirements often leads to charge dismissal or record sealing. Alongside sentencing options, timing and early intervention can make a significant difference in how your case unfolds.
Acting Quickly to Secure a Strong Defense
Acting early after being charged with drug possession can dramatically affect the outcome. Contacting a drug crime defense attorney immediately allows you to protect your rights and start gathering evidence.
Quick action can help identify constitutional violations, secure diversion opportunities, or negotiate favorable terms with the prosecution.
Common Mistakes That Can Hurt Your Defense
The steps you take after being charged with drug possession can either help or hurt your defense. Some important missteps to avoid include:
Talking to police without a lawyer: Anything you say can and will be used against you, even casual comments.
Delaying in hiring a drug crime defense attorney: Waiting too long can cause you to miss crucial opportunities for dismissal or reduction.
Posting about your case on social media: Prosecutors often use social media posts as evidence to strengthen their case.
Ignoring court deadlines or requirements: Missing court dates or ignoring requirements can lead to additional charges or revoked bond.
Recognizing these mistakes and working proactively can preserve your best chance at a favorable result.
Pursuing Expungement After a Successful Outcome
If your drug possession charges are dismissed or significantly reduced, you may qualify to have the arrest or conviction expunged. Expungement clears your record, making it easier to find employment, housing, and educational opportunities.
A drug crime defense attorney can guide you through the expungement process to make sure your record stays clean after resolving your case.
Personalizing Your Drug Possession Defense
Every drug possession case is unique, with its own facts, evidence, and legal issues. A drug crime defense attorney will customize a defense strategy that fits the specific details of your situation.
Some critical factors that influence the defense approach include:
Type and quantity of drug involved: Possession of small amounts might be treated differently than larger quantities suggesting intent to distribute.
Location of the incident: Where the arrest happened, such as near a school zone, can impact the severity of charges.
Prior criminal history: A clean record might make you eligible for diversion, while prior offenses could complicate things.
Actions of law enforcement: Any missteps by police can open the door for motions to suppress evidence.
Get Help From The Leier Law Office LLC Today
If you're facing drug possession charges, you don’t have to face it alone. Working with an experienced drug crime defense attorney can make all the difference in how your case unfolds. At The Leier Law Office LLC, we’re committed to protecting your rights, challenging the evidence, and finding the best possible solution for your situation. Our firm serves clients throughout Fort Collins, Loveland, Greeley, Windsor, and Evans. Contact us today.
