The most frequent reasons are related to special circumstances presented by the law enforcement officials or prosecution. Other options for getting drug charges dropped may stem from issues with police procedures. There are four main reasons for dismissing drug charges, including agreeing to a plea bargain, cooperating with police, police corruption, and illegal searches.
1. Plea Bargains and Dismissals
Plea bargains are common whenever other criminal acts are linked to the drug charge, the prosecutor might decide to dismiss, or considerably reduce, any of the lesser charges to be able to give full attention to a felony charge. Furthermore, if you are willing to offer a guilty plea on one of the major charges, the prosecutor could possibly negotiate a minor sentence or drop the criminal charges on minor criminal acts, including possessing drugs or paraphernalia. Plea bargaining usually takes place directly between the defense and the prosecution, and it is an economical way of prosecuting only the most egregious offenses.
2. Cooperating with Police
Another choice to get drug charges dropped would require cooperation with the police in on-going investigations. This may include providing information regarding who produced the drugs, helping to apprehend others involved in the offense who may have escaped arrest, or testifying as a witness for its prosecution within a court case. Hence, the drug charges towards you may be reduced or dismissed in exchange for your cooperation. Legal counsel could help you with this process.
3. Police Corruption
The third means by which drug charges could be dropped relates to charges of police corruption. Occasionally, police might be accused of abusing its position and threatening, forcing, or else obtaining data by illegal means. If these charges result in an investigation, the prosecution may review other not related cases connected to the officer involved. Whenever a police man is found accountable for corruption, the prosecutor might dismiss other cases wherein that officer participated as its credibility has become questionable. It's also possible that previous convictions may be overturned in such instances.
4. Illegal Searches
A fourth basis for having drug charges dropped involves the legality of the search that resulted in the charge. Searches bringing about drug charges should be executed when there is reasonable suspicion or probable cause to warrant a search. For example, being pulled over for not using a turn signal, for having a broken tail light, and for few other minor traffic violation, in and of itself, does not constitute probable cause to search for drugs. In those instances, drug charges arising from such illegal searches may be dropped as the evidence was obtained unlawfully. Also keep in mind that you have the right to refuse a search. This is extremely vital within a home search. The Supreme Court has ruled that the signed warrant needs to be received for any kind of home searches, except when consent is specified for an officer to go in the house. Once legally in the house, anything in normal view could be evidence that can be used in criminal procedures.
If you're detained on drug charges, the most effective solution is to politely tell the arresting officer that you do not consent to any kind of searches, and remain silent so that it will avoid incriminating yourself. You should also ask to see a lawyer before giving answers to any questions. In the event the charges cause a criminal case, follow your lawyers directions through the entire legal proceedings.
However, there are some techniques for getting out of a drug charge, it's always best to talk to an experienced lawyer before the proceeding. A lawyer with experience defending those charged with drug related offenses will offer important advice during the entire legal process.
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