How to Get a Possession Charge Dismissed

charge dismissed

About 1.65 million drug arrests occur in the US each year. Marijuana-related offenses amount to about 40% of these cases. If you were recently picked up for a drug possession charge, don’t try to argue your case alone.

Instead, make sure you have an experienced criminal defense attorney at your side.

They can help build a strong criminal defense for your case. With their help, you can fight your criminal charges and prove your innocence.

If you try to handle the situation alone, however, you could dig yourself into even more trouble. You might not get the charge dismissed, either.

Here are five tips that can help when you’re facing criminal charges. Reading this guide will help you discover different ways to build your criminal defense.

Read on to learn more about avoiding criminal charges today!

1. Find a Lawyer

Above all else, it’s important to find a criminal defense law firm in Baton Rouge, Louisiana. Their experience and expertise could prove crucial to your criminal defense. Otherwise, you might struggle to build your defense with the necessary evidence.

There are now 813,900 lawyers throughout the US. Between 2019 and 2029, that number could grow by 32,300. Not every lawyer in Louisiana will have the experience you need, though.

Instead, narrow down your options by looking for criminal defense lawyers.

You can start your search online. Google “criminal defense attorney near me” or visit your local bar association website. You can also check the Martindale-Hubbel law firm directory.

As you review your options, try to find a criminal defense lawyer with years of case experience. Determine how many drug possession cases they’ve handled over the years. An experienced lawyer will know what legal strategy to use for your case.

They’ll have an easier time building your criminal defense.

An experienced lawyer will also know what local laws, procedures, or recent cases might impact your court case. They might even have contacts in the area you can utilize.

Make sure the lawyer you choose has years of experience in Louisiana. Some laws can differ based on your location. If they’re new to the area, they might work off of irrelevant information.

Interview a few lawyers on your list. Determine:

  • How long they’ve practiced law
  • How long they’ve specialized as a criminal defense attorney
  • Their fee structure
  • How many drug possession charges they’ve handled
  • Their track record for recent cases
  • If they’re a strong communicator
  • Their availability

You’ll have peace of mind knowing a qualified lawyer is at your side. Then, you can discuss the specifics of your case to build your defense. 

2. Prove Your Rights Were Violated

Choosing the right criminal defense attorney can help you determine the best strategy for your specific case.

Take the time to walk your lawyer through what happened during your arrest. They can determine if your rights were violated.

First, your lawyer will need to start gathering research. They might rely on a professional network of investigators and experts. Their network can gather witnesses, crime scene evidence, and relevant documents.

Then, your lawyer can start building a narrative regarding what happened. The story they compose could compel the jury to see your side.

For example, your lawyer might try to prove your rights were violated at the time of your arrest.

If your lawyer can prove your rights were violated, they could get your court case thrown out. For example, they might try to prove a(n):

  • Unlawful search and seizure
  • Improper or illegal traffic stop
  • Refusal to allow you to request a lawyer
  • Failure to read your rights prior to questions

Depending on your situation, your lawyer might try to prove the police fabricated evidence before your arrest. For example, perhaps they planted controlled substances in your home or vehicle. Maybe they lied about having a warrant.

Proving your rights were violated could help you get the charge dismissed.

3. Prove a Medical Exemption

There are many medications that are considered controlled substances under the law. You’ll need a doctor’s prescription to legally possess these medications, though.

Your criminal defense attorney can gather the necessary evidence to prove you have a right to carry specific substances. For example, they might call a medical expert to testify at your court case. Then, they can prove you have a medical exemption.

For this criminal defense to work, however, you’ll need a doctor’s prescription. Otherwise, you might struggle to prove you have a right to carry that medication. 

4. Demonstrate Mistake of Fact

What if the drugs were never yours? Your criminal defense attorney might try to argue a mistake of fact to get the charge dismissed.

They might put pressure on the prosecutor to prove the drugs were yours without any doubt.

Perhaps the drugs were found in a shared vehicle or apartment. Maybe they were kept in a place that’s easily accessible to others. Your lawyer will try to argue the drugs belonged to someone else. 

This legal strategy is sometimes difficult to prove during a court case, though. Don’t try to argue your innocence alone. Make sure you have a qualified, Louisiana lawyer who can build your defense.

5. Gain Posts of Leverage

Your lawyer will likely try to win your case out of court first. 

For example, they might try to gather the evidence necessary to have the cases thrown out. Your lawyer will need to prove they have strong leverage first.

Your lawyer might try to use points of light, too. They’ll build your defense by showing the court you’re a real human. Encouraging empathy could help your defense.

Discuss the factors of your case with your criminal defense attorney. They’ll ensure you review your legal options before choosing a strategy.

Avoid Prison: 5 Tips for Getting a Possession Charge Dismissed

Don’t try to get a possession charge dismissed on your own. Instead, find a criminal defense law firm in Baton Rouge, Louisiana. Finding an experienced criminal defense attorney could make all the difference in your case.

With a qualified lawyer, you can avoid criminal charges. 

Want to discuss the specifics of your case with a qualified lawyer? Fill out this form today to get started.