13 Ways to Beat a Drug Charges
Being accused of a drug-related offense doesn’t equate to guilt or inevitable severe consequences. In California, there are diverse strategies to dispute such charges. These range from instances where authorities mishandled tests or searches, employed entrapment tactics, or made arrests lacking ample evidence. You can also challenge a drug charge by asserting that human error, whether by law enforcement or yourself, was a factor aided by your defense attorney.
However, not every defense may apply to every offense.
1. Suppressing Evidence
If law enforcement breached your constitutional rights during the seizure of alleged drugs in your possession, you have the option to move the court to suppress this evidence. Successfully suppressing evidence can be a potent defense in drug possession cases, potentially leading to dismissal without trial. Evidence obtained unlawfully cannot be admitted in court, including substances seized illegally or test results conducted on those substances.
Search warrants require probable cause for places with privacy expectations. Warrantless searches are allowed with consent, drugs in plain view, or during lawful arrests, each with specific legal standards and defense opportunities.
2. Insufficient Evidence
To be convicted of a crime in the legal system, ample evidence must link you to the offense. Without proof beyond a reasonable doubt, you cannot be found guilty by a judge or jury.
3. Constitutional Rights Violations
In the U.S., individuals detained under suspicion of a crime are protected by constitutional rights. Violations during drug possession arrests, such as not reading Miranda rights, failing to inform about self-incrimination, denying attorney presence, or questioning without an attorney, can lead to dismissal of charges.
4. Entrapment During Sting Operations
Entrapment occurs when law enforcement induces individuals into committing crimes they wouldn’t have otherwise committed. California law safeguards against entrapment by prohibiting coercion, fraud, and undue pressure. Police must conduct sting operations within legal guidelines. Proving entrapment can be a defense strategy to challenge and potentially dismiss drug-related charges with legal counsel’s help.
5. Drug Diversion Program
California Drug Diversion Program, also identified as pretrial diversion, offers individuals facing low-level drug charges the option of undergoing drug abuse treatment and education instead of serving jail time. Most cases involving drug possession for personal use qualify for this program. Successful completion results in the dismissal of charges and no criminal record.
6. Plea Agreements
To participate in a drug diversion program, individuals typically need to plead guilty to the charges. Plea agreements can also be used to negotiate reduced charges. For instance, prosecutors may agree to downgrade a felony drug charge to a misdemeanor in return for a guilty plea in specific cases.
7. Substance Misidentification
Sometimes, an officer might mistakenly believe a substance is a drug when it’s not. Your attorney can order an analysis of the substance to determine its true nature. The charges can usually be dismissed if it’s found not to be a drug.
8. Missing Evidence
A defense might involve the crime lab or arresting department losing or misplacing the drugs before they are tested or brought to court. In this scenario, the case relies on the arresting officer’s statements. Without concrete proof of drug possession, your attorney could seek to have the charges dismissed.
9. Planted Drugs
There are instances where someone else might plant drugs in your possession to get you charged. Your attorney would need substantial proof or a method to obtain proof that the drugs were planted to use this defense effectively.
Your attorney could request the release of any complaints to reveal the names of those involved. If the arresting officials’ names appear on the list or are connected to those listed, the evidence could be dismissed, leading to dropped charges.
10. Prescription Defense
If you can prove you legally possess the drugs, you could avoid a possession charge. The prescription bottle should have your name and a recent fill date. If the bottle lacks a label, you might still avoid charges by providing the court with sufficient information from your doctor or pharmacist.
11. Improper Field Sobriety or Drug Test
Field sobriety and drug tests, required before DUI arrests, are not always accurate and can yield false positives. Tests might also be improperly administered due to ignorance, accidents, or intentional misconduct by officers. External factors like weather and nerves can affect test outcomes. A criminal defense lawyer can contest the accuracy and administration of these tests to drop charges.
12. Alibi Defense
An alibi defense can be a strong tool in demonstrating your innocence by proving that you were elsewhere when the alleged crime occurred. Establishing an alibi requires solid evidence showing your presence at a different location during the crime.
13. Mistaken Identity Defense
Prove that the police have confused you for someone else by providing evidence such as alibis, witness testimonies, or discrepancies in physical descriptions and other identifying details.
Even if the drug charge seems overwhelming, consulting a defense attorney for a free review of your options can be invaluable. Having a criminal defense lawyer is critical when facing a difficult legal battle, as they can provide the expertise and support needed to navigate your case effectively.
We Want to Help
If you or a loved one is being charged with a drug-related crime, we invite you to contact us immediately for a free case review. Schedule an appointment to meet with us in person, or feel free to submit an evaluation online and we will get in contact with you ASAP. We can provide a free consultation in our Century City office or by phone. Our experienced and attentive attorneys will be sure to fight until the end to reduce or drop your charges completely.
Call Us for a FREE Case Review: (310) 274-6529
