Criminal DefenseDrug offensesLegal tipsTop 8 ways your drug charges could get dismissed or reduced

February 25, 2020by rjshooklaw0

Drug charges against you may be dismissed or reduced if:

  • The officer did not have a valid reason to stop you.
  • The officer did not have a valid reason to search you, your home (or whatever place you were), or your vehicle.
  • Your consent to the search was not free and voluntary or the officer exceeded the scope of your consent.
  • If you agree to cooperate with law enforcement under an agreement carefully negotiated by your attorney with the prosecution
  • The officer cannot prove that you were in possession of the drugs.

If charges are not dismissed, and they resulted from a chemical dependency, your case may be referred to other venues that focus on treatment rather than punishment. This disposition is not available on trafficking cases or federal cases.

Questions your attorney will ask:

  • Did someone else own the vehicle you were in?
  • Did someone else own the place you were in?
  • Were there other passengers in your vehicle?
  • Were there other people with you in the place where the drugs were found?
  • In what part of the vehicle or place were the drugs found?
  • How near to the drugs were you?
  • Is there a connection (“nexus”) between you and the drugs?

Can the police prove that you were in control of the place where the drugs were found? Simply being present is not proof that you were in control. Did the police find your property (i.e., clothing, mail or papers) at the place in question?

Contact the Law Offices of Ronald J. Shook to discuss your drug case with an experienced criminal defense attorney. Call 704-671-2390 or contact us online today.

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