Charge 02 / Drugs
Defending a drug charge
Possession, possession with intent, paraphernalia, and the felony charges that come with weight. Most drug cases are won or lost on one question: how did the police find it?
If the search was illegal, the evidence can be kept out of court, and without the evidence there's usually no case. We look at every step: the stop, the consent, the warrant if there was one, and whether the officers stayed inside it.
Intent to distribute is something the state has to prove, not assume. Weight alone doesn't prove it. We look for what isn't there: no scale, no baggies, no messages, no cash.
For a first charge, a diversion program can end with the case dismissed. We'll tell you whether you qualify and what it asks of you before you decide anything.
Where we look
Four questions every drug case gets
- 01
Why were you stopped?
A traffic stop needs a violation. A street stop needs more than a hunch.
- 02
Did you agree to the search?
Consent given under pressure, or never given at all, is a common gap in the report.
- 03
Whose was it?
Drugs in a shared car or apartment aren't automatically yours.
- 04
What does the lab say?
Field tests can be wrong, so the lab report matters. Sometimes it never arrives.
Questions
When the charge is a drug charge
The drugs weren't mine. Does that matter?
It can decide the case. The state has to show you knew about them and controlled them, which is harder when other people had access.
What is diversion?
A program, usually for first charges, where you complete conditions such as classes or testing and the charge is dismissed at the end. Each court runs its own.
Will a drug charge affect my job or school?
It can, especially a conviction. That's one reason we look hard at outcomes that avoid one, and at clearing the record afterward.
Charged after a search?
Write down everything you remember about the search while it's fresh, and share it with no one but your lawyer.