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What is Bail, and How Does It Work? What Happens During The First Court Appearance? Can I Get My Drug Charges Reduced or Dismissed? How is Child Custody Determined? Can a Jointly Owned Property Be Sold by One Owner?Can I Get My Drug Charges Reduced or Dismissed?
Facing drug charges can be incredibly overwhelming and terrifying. Fortunately, you can get your drug charges dismissed or reduced, depending on the specific charges you’re facing. With the right legal strategy and guidance of a Lebanon, PA, drug crime lawyer, here are several scenarios when you may be able to dismiss or reduce your drug charges.
Unlawful Search and Seizure or Lack of Probable Cause
Under both the Pennsylvania Constitution and the Fourth Amendment of the U.S. Constitution, law enforcement officers are required to have probable cause and, in most cases, a search warrant to seize evidence or arrest you. If an officer conducted an unlawful search or seizure without proper cause, the court may refuse to admit the unlawfully seized evidence.
Your Lebanon, PA, drug crime attorney can challenge the legality of the search and seizure, potentially leading to a dismissal of your charges if the court finds that the officer violated your rights.
Insufficient Evidence
For you to be convicted of a drug offense, the prosecution must prove that you were in possession of the drugs, and you knew you had them. If the prosecution lacks sufficient evidence to prove these elements, your charges can be dropped. For example, if the drugs weren’t found on your person or in a place where you had control, or if there was no clear indication that you knowingly possessed the drugs, your Lebanon, PA, drug crime lawyer can argue that the evidence is inadequate to secure a conviction.
Improper Chain of Custody
The chain of custody refers to the documentation that tracks how relevant parties handle evidence from the moment it’s seized by the police to when it’s presented in court. If your Lebanon, PA, drug crime attorney can prove the chain of custody was broken or if there’s any doubt that the evidence has been tampered with or otherwise mishandled, it can weaken the prosecution’s case against you.
Eligibility for a Diversion Program or Drug Court
Pennsylvania offers diversion programs, such as ARD (Accelerated Rehabilitative Disposition), and drug courts designed for offenders facing non-violent drug charges. These programs allow defendants to complete treatment and rehabilitation rather than get incarcerated.
Your Lebanon, PA, drug crime lawyer can determine if you’re eligible for a diversion program or drug court and help with your application. Successfully completing the program may lead to your charges getting reduced or dropped, allowing you to avoid a criminal record.
Negotiating a Plea Bargain
If dismissing your drug charges just isn’t possible, your attorney can try to negotiate a plea bargain with the prosecutor. If successful, you will have to plead guilty in exchange for a lighter sentence or reduced charges.
Our Lebanon, PA, Drug Crime Attorney Can Be Your Strongest Ally
Whether it’s a minor possession charge or something more serious, the stress and looming threat of serious consequences can be taxing. With assistance from our Lebanon, PA, drug crime lawyer at Feeman Law Offices, you can explore options that can help mitigate the severity of your drug charges or even have them thrown out entirely. Contact us online to arrange your confidential case evaluation today.