Home | Defending Against a Drug Possession Charge
Defending Against a Drug Possession Charge
31 March 2017 | Criminal Defense, Drug Charges, Legal Blog,
If you’ve been charged with drug possession, you may feel like your back is against the wall. The prospect of jail time, fines, and diminished life opportunities hangs over your head. But with a skilled and experienced Indianapolis drug possession lawyer in your corner, you stand a chance at defeating the charges and getting your life back on track. The prosecutor may tell you that pleading guilty is your best option, but there could be several defense strategies available to you. Don’t give up the fight before consulting with the Indianapolis criminal defense attorneys of Hessler Law PC.
Call us today at (317) 886-8800 for a free and confidential consultation.
To convict you of drug possession, the prosecutor will need to present evidence that demonstrates beyond a reasonable doubt that:
The simple possession of a drug will likely result in misdemeanor charges. But if the prosecutor also presents evidence demonstrating that you intended deal those drugs, you will likely face felony charges.
Most people think that criminal cases are won and lost at trial, but that is actually rare. Most cases are disposed of in the pre-trial stages, where your lawyer’s advocacy and swift action are essential. In drug cases, the most effective pre-trial defense strategy is filing a motion to suppress – or exclude – certain evidence from the prosecutor’s case.
The police cannot violate laws, department policies, or your constitutional rights when doing any of the following:
Your lawyer can ask the judge to exclude from the case any evidence the police obtained in violation of the above principles. For example, if the prosecutor tries to use statements that you made in response to questions the police asked you after you requested a lawyer, those statements may be excluded from the case. Further, any evidence obtained as a result of an illegal search of your property, vehicle, or person may be excluded too.
When a motion to suppress succeeds, the prosecutor may be lacking enough evidence to take the case to trial. In such cases, your lawyer can ask the judge to dismiss the charges before the trial starts, saving you time, money, and the hassle of further litigation.
If the motion to suppress is unsuccessful, or the prosecutor’s remaining evidence is sufficient to justify a trial, your lawyer will need to highlight the gaps and inconsistencies in the evidence against you. The goal will be to show that there is a reasonable doubt as to whether:
If your lawyer shows that the prosecutor failed to meet their burden of proving every element of the case beyond a reasonable doubt, it is likely that you will get acquitted. Every case is different, so if you want to learn about what defense strategies may be available in your case, call Hessler Law PC today at (317) 886-8800 for a free and confidential case consultation.