If you’re wondering how to get a possession charge dismissed, you might be pleasantly surprised. It’s completely possible to have a possession charge dismissed long before it even goes to trial.
Of course, it’s important to keep in mind that whether or not you get your charge dismissed can often hinge on the quality and experience of your defense attorney. It can also depend on how your attorney decides to build your case and fight your charges.
There are a few common ways to beat a first-time possession charge. Let’s take a look at 5 common methods used by lawyers who know exactly how to get a possession charge dismissed.
1. Was there an unlawful search?
When defense attorneys begin looking into how to get your possession charge dismissed, one of the first things they check on is whether or not you were subject to an illegal search and seizure. Did the officer have a legal right to search your property? Did they have probable cause? If they did not have probable cause and they obstructed your rights as a result of the search, then any evidence obtained is not permissible in court.
2. Were you actually in possession of drugs?
Do the drugs actually belong to you, and can your ownership of them be proven in court? If there is no logical way to prove beyond a reasonable doubt that the drugs do belong to you, then it is possible to have a simple possession charge dropped.
For example, let’s say you share an apartment with multiple people. It can be very difficult to prove beyond a reasonable doubt that the drugs (no matter where they are in the apartment) are yours. This is just one common argument used to get possession charges dismissed.
Want to learn more about lack of possession? Read our article on what could happen if you’re a passenger in a car where drugs were found.
3. Can you claim a lack of knowledge or intent?
Another strategy employed by those looking for how to get a possession charge dismissed is to determine a lack of knowledge. Very similar to a lack of possession, a lack of knowledge or intent can also be used to drop a simple possession charge.
Let’s say someone handed you an illegal substance and said it was something else — maybe they claimed it was over the counter medicine. (Now sure how a drug is viewed by the law? Check out this drug classification chart.)
Whatever the claim may have been, the situation is this: You were unaware that you were holding drugs for another person. If this is the case and you were charged with possession of dangerous drugs, then your attorney should be able to have your charges dropped.
4. Was entrapment involved?
There are many situations where an abuse of power can potentially lead someone to commit a crime they otherwise would not have committed. While this might be rare or hard to imagine this happening in cases of potential possession, it does. For example, let’s say that an undercover cop pressures another person into buying drugs and arrests that person as a result. This could be seen as entrapment, which could result in getting your possession charges dismissed.
5. Can they prove you had an illegal substance?
At the bare minimum, if the state cannot prove “scientifically” that you had an illegal substance, then your case should be dropped. Is there scientific evidence and a crime lab report that clearly states you had an illegal substance on you? If there isn’t, you may be more likely to get your possession charges dismissed.
6. Hire a lawyer who knows how to get a possession charge dismissed.
There are a variety of additional defenses a good lawyer can employ when fighting a drug possession charge. Anything from issues with being read your Miranda rights to a history of addiction could potentially help you avoid jail time when faced with possession charges.
But it’s critical to find an experienced and aggressive law firm that will do everything they can to protect your rights. No matter what happened, make finding an aggressive, top-rated Houston drug lawyer like those at Thiessen Law Firm a top priority
The attorneys at Thiessen Law Firm are an award-winning criminal defense team. If you’re our client, we’ll be there for you every step of the way. We know how to get a possession charge dismissed.
Contact us today for a free case evaluation: 713-864-9000.
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- Unmarked Police Car Laws in Texas
- The Difference Between Murder, Manslaughter, and Intoxicated Manslaughter
- Gun Charge: First-Time Offender
- Child Custody Laws in Texas for Unmarried Parents