Legal Guide

What Happens If You Get Caught Possessing Drugs and What Can You Do About It?

Most people don’t ever expect to be caught with drugs, but it does happen all of the time. They might be pulled over by the police while they’re driving and the police notice the drugs or they might be caught purchasing the drugs. No matter how they were caught, it’s important to know what can be done about it to try to minimize the potential penalties.

Hire a Lawyer to Review the Case

The first thing anyone should do after being caught in possession of drugs and arrested is to hire a lawyer. The sentencing for drug offenses can be harsh, depending on the type of drugs and the amount they were caught with. A lawyer is going to help by looking into ways to have the charges dismissed or finding alternative sentences for their client. This can drastically reduce if not eliminate the amount of time they’ll spend in jail.

Look into Ways to Have the Charges Dismissed

It is possible for someone to be arrested and charged with possession of drugs even if the drugs in a vehicle are not theirs. However, whenever someone is arrested for possession, a lawyer can review the case to see if there is a way to have the charges dismissed. If it can be proven they did not know about the drugs or that there was a procedural issue with the arrest, it may be possible to avoid a conviction. This would mean the charges are dismissed, the person does not face jail time, and they will not end up with a conviction on their record. 

Consider Taking a Plea Bargain

Many times, it’s not possible to have the charges dismissed altogether. Potential sentences for drug possession charges can include lengthy jail terms. The person may, instead, be able to accept a plea bargain that allows them to minimize or eliminate potential jail time in return for pleading guilty. This is something they need to discuss carefully with their lawyer, because it does result in a conviction, but may be a way for them to avoid having to spend time in jail or to minimize the amount of time they are in jail.

Request Rehabilitation instead of Jail Time

Sometimes, the person may want to consider pleading guilty but requesting rehabilitation instead of jail time. This may not work if they’ve been arrested for drug possession in the past, but it may be a way to avoid a conviction and jail time. Instead of jail time, the person can go to rehab and, so long as they complete everything they’re required to complete, the judge will dismiss the case. If they don’t complete everything, on the other hand, they will end up with a conviction and may have to spend some time in jail.

If you’ve been arrested and charged with drugs, the first thing to do is speak with a lawyer about your case. They’ll need all of the details of what happened as well as your arrest report so they can start looking into all of your options. Once they have this information, they can let you know if any of the above possibilities might apply to your case as well as what to expect through the rest of the case. Contact a lawyer today to learn more about what you can expect going forward.


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