If You’re Wondering How to Get a Possession Charge Dropped, a Criminal Defense Attorney Is Your Best Bet
Massachusetts laws prohibit any individual from knowingly possessing any controlled substances unless it is through a valid prescription. Whenever you have illicit drugs in your possession, there is a chance of being arrested and facing charges. If you are charged with possession of illegal substances, learning how to get a possession charge dropped can prevent having to pay fines and can keep you out of jail. Your best defense in this situation is a criminal defense lawyer who will strongly protect your interests in court.
If you or a loved one has been charged with a drug possession offense, contact Rudolf, Smith, Griffis & Ruggieri, LLP today to discuss the details of your case:
Call (508) 570-3037 or fill out a contact form online
What Are the Requirements to Prove Possession of Drugs?
In Massachusetts, the severity of drug possession charges depends on the type of substance involved. Still, the elements of the offense are usually consistent. If you are wondering how to get a possession charge dropped, it is important to understand what the prosecution must prove to convict you.
The prosecution must be able to prove two things beyond a reasonable doubt.
- First, the defendant knew that the drug in question was a controlled substance.
- Second, they knowingly had either possession of the drug or control over the drug.
This includes “constructive possession,” which is having access to a substance that is not present at the time of the arrest.
How to Get a Possession Charge Dropped?
Drug possession charges can carry serious consequences. It is always in your best interest to hire a criminal defense attorney to get a possession charge dropped. Common defenses for drug possession charges can include:
- The police performed an unlawful search & seizure
- The defendant was not actually in possession of the substance in question
- The drug in question is not actually a controlled substance
- The defendant has a medical exception
Some of the most heavily disputed drug cases are those that involve a violation of the defendant’s rights. If you were wrongfully searched or denied the right to an attorney, you may have grounds for litigation. Additional grounds include being forced to speak to the police, or not being informed of the consequences of speaking to the police.
How Can a Criminal Defense Attorney Help You?
With the support of an experienced attorney, you can better explore options for how to get a possession charge dropped. If your drug possession charges cannot be dropped entirely, your attorney can fight to reduce your fines or your sentence. This can result in community service or probation in place of more serious consequences.
The legal consequences for being convicted of possession include heavy fines, time in prison, or even loss of your driver’s license. Your attorney can help you prepare a case, determine if there are any defenses available to raise against your charges, and provide representation in court. Your attorney can also make sure that your rights as a defendant are being protected and that you achieve the best possible outcome based on the facts of your case.
Our lawyers at Rudolf, Smith, Griffis & Ruggieri, LLP are experienced in how to get a possession charge dropped to attain the favorable outcome you deserve.
To request a free consultation, call (508) 570-3037 or fill out a contact form on our website.
Source: Findlaw.com