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Factors that may determine the outcome of a drug charge

On Behalf of | Nov 1, 2022 | Drug Crimes

Depending on the details of a drug possession arrest, the related charges just may have a chance for dismissal or a reduction. Either scenario would be a preferred alternative to a conviction leading to incarceration, probation, steep fines and restitution.

Anyone can face such a conundrum related to a drug arrest whether you are a college student, working parent, business executive or even a senior citizen. You just have to understand that these charges may be overcome. Certain factors may play in your favor.

Did the arresting officer follow the law?

Any of the following issues may rise to the surface in determining the fate of a person arrested on a drug possession charge. They include whether:

  • The arresting officer followed the law: Any misstep by law enforcement could nullify a criminal charge.
  • Reasonable search and seizure took place: Did the arresting officer follow protocol and have probable cause?
  • Someone else planted the drugs: Someone looking for a place to stash his drugs or someone bent on revenge may place the drugs on your person or property.
  • The drugs belonged to someone else: Authorities blamed you because the drugs were in your possession.
  • The amount of drugs was substantial: The amount in your possession would lead to the level of charges such as a felony or misdemeanor.
  • The arrest marked a first-time criminal charge: Judges and prosecutors may go easier on first-time offenders, potentially dismissing the charge on conditions such as enrolling in a drug rehabilitation program.

The initial troubles caused by your arrest just may diminish, depending on the circumstances of your arrest.

Gaining a favorable outcome

Any of these details may determine whether authorities follow through with specific charges or even dismiss your case. In the meantime, make sure to seek the legal guidance of a skilled criminal defense attorney who can help you seek a favorable outcome.