Free Consultations & We're Available 24/7
WE'RE A BOUTIQUE LAW FIRM. YOU WORK WITH ONE OF OUR SENIOR ATTORNEYS PERSONALLY.
WE'RE ONE OF NEW YORK'S OLDEST CRIMINAL DEFENSE LAW FIRMS. TRUST 50 YEARS OF EXPERIENCE.
WE SERVICE CLIENTS NATIONWIDE, WITH OFFICES IN LOS ANGELES AND NYC.
Defending Yourself Against Drug Charges
If you have been charged with being under the influence of illegal drugs, it is essential to remain silent until you have had a chance to consult with a legal representative who can guide you on the course of action. Speaking to the police or providing any information without an attorney present could put your future and freedom in jeopardy. Your attorney will also attempt to delay or dismiss any requests for blood or urine samples, which are commonly used as evidence in drug cases.
It’s noteworthy to mention that the prosecution will not be looking for marijuana in a drug test or urine sample as it is no longer considered an illegal drug in several states. Instead, they might be looking for opiates such as codeine, morphine, and hydrocodone, as well as narcotics (cocaine, PCP, heroin), depressants, hallucinogens, stimulants, or methamphetamines. If you are taking these drugs only with a valid prescription and as directed, your lawyer can use this to defend you against the drug charges.
Criminal Charges and Potential Sentencing
If you are proven guilty of being under the influence of illegal drugs, you will face either misdemeanor or felony charges, depending on your criminal history, the type of drug, its quantity, and other related factors. If you are a first-time offender, your sentence might only involve a ticket, a fine, or community service; however, if you have multiple offenses, your punishment might include jail time, mandatory drug education classes, and counseling.
The defense’s job is to try to plead for a more lenient sentence or have the charges dropped or reduced, depending on the circumstances of the case. If you had a firearm with you at the time of the arrest, your case will be more severe since firearm possession is a federal offense, and the sentence can be increased.
Evidence and Defense
Prosecutors will need to establish that you were taking drugs illicitly based on hard evidence such as urine or blood tests or eyewitness accounts. However, if the police officers do not have proof but are accusing you of looking tired, dazed, or stoned, your attorney will fight these allegations. Fatigue, stress, allergies, or physical exertion could all contribute to the appearance of drug influence, and your attorney will use these arguments to build your defense.
Furthermore, if you were in possession of drugs when searched or questioned by the police, you could face additional charges. Your lawyer will base your defense depending on the presence or absence of solid evidence such as drug paraphernalia or witnesses supporting the accusations. In other words, they will exploit the officers’ lack of evidence in their defense, and create reasonable doubt in the judge and jury’s mind.
Below is a table summarizing the critical points you need to consider when defending yourself against drug charges:
Illegal Drugs |
|
Criminal Charges and Sentencing |
|
Evidence and Defense |
|
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and alternative routes. Recommended for sure.
- ROBIN, GUN CHARGES ROBIN
CALIFORNIA CRIMINAL DEFENSE ATTORNEYS