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Strategies To Avoid A Drug Conviction
Drug crimes have received lots of attention in the past decade, as drug laws have been made tougher. Laws in every state and at the federal level prohibit the possession, manufacture, and sale of certain controlled substances, including drugs like marijuana, methamphetamine, ecstasy, cocaine, and heroin.
A drug conviction is not something to be taken lightly. It’s the last thing you want on your record, and it can haunt you for the rest of your life. It can make it difficult to get a job and even prevent you from obtaining financial aid for college. Your driver’s license can be suspended. And, depending on the amount and type of drugs you have been accused of possessing, you could be facing from six months in jail to life in prison.
In any case, the first goal is find out if there is a basis to help you avoid a conviction. A common defense in many drug cases is improper search and seizure. The U.S. Constitution bars police from stopping you or your car without a reason. In addition, police are not allowed to search you or your vehicle without probable cause that you have committed a crime. If the stop or search ...
... was illegal, all drug evidence seized from you can be suppressed in court. Without evidence, a drug case often must be dismissed.
Many states now have drug diversion programs. Their goal is to help drug offenders avoid conviction and provide counseling and treatment. The program requires each person to participate in individual and group counseling sessions, and education, relapse prevention, and self-help programs. If an individual is charged with simple possession of narcotics, he or she may qualify for one of these diversion programs, and an attorney can make that argument to prosecutors before trial; and to a judge during sentencing. Typically, the option does not apply to sale or distribution of drugs. It also must be the individual's first offense, and he or she cannot have participated in a diversion program before.
If a person doesn’t complete the program, they could be convicted and be subject to serving the suspended sentence. Some jurisdictions allow drug diversion without entering a guilty plea to anything. Others require you to plead guilty, but no criminal conviction results if you complete the program successfully. Upon successful completion of the program, the criminal charges are dismissed by the judge.
Drug violations can lead to jail time and a serious record. The best option for avoiding conviction is a strategic defense mounted by an experienced attorney.
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