How to Get a Drug Charge Dropped

Being faced with drug charges can be scary and frustrating, especially when there’s the possibility of severe penalties attached. However, there are viable defense strategies and legal precedents that can be leveraged in your favor. 

Understanding the most effective defenses and challenges could help you get your charges dropped.

Challenge the Legality of the Search and Seizure

The first line of defense often involves questioning how the police found the drugs in the first place. The U.S. Constitution protects you from unreasonable searches and seizures. This means the police can't just search you or your property without a good reason; it usually requires a warrant or clear evidence of illegal activity in plain view.

As SBBL Law explains, “We regularly file successful motions to suppress evidence for illegal stops and searches, as well as motions to suppress statements taken in violation of Miranda rights.”

If the drugs were found during a search that violated your constitutional rights, your lawyer can argue that the evidence should be thrown out. This is known as a "motion to suppress." If the judge agrees that the search was illegal, then the drugs can't be used as evidence against you, and often, this leads to the charges being dropped.

Question the Ownership of the Drugs

Just because drugs were found in your car or your house doesn't automatically mean they're yours. It's possible that the drugs belong to someone else or that you didn't even know they were there. This defense can be particularly effective if you share your living or driving space with others.

Your lawyer can argue that there's no concrete evidence linking you to the drugs. Without clear proof that you owned or controlled the drugs, the prosecution's case might not hold up, leading to your charges being dropped.

Examine the Chain of Custody

From the moment the drugs are seized until they're presented in court, there's a strict procedure that law enforcement must follow. This is known as the "chain of custody." If this chain is broken — say, if the evidence wasn't properly documented, stored, or handled — it can be argued that the evidence might have been tampered with or contaminated.

Challenging the chain of custody can cast doubt on the integrity of the evidence. If the judge believes the evidence isn't reliable, it might not be admissible in court, which could lead to your charges being dropped.

Dispute the Substance's Identification

Not everything that looks like drugs is drugs. Sometimes, substances that appear to be illegal drugs are actually legal substances. The police might believe they've found drugs during their search, but laboratory analysis is needed to confirm this.

If the substance is not tested or the test results are inconclusive, your lawyer can argue that there's no proof that the substance was indeed an illegal drug. This can be a powerful defense, especially if there are no other charges against you.

Argue for Entrapment

Entrapment happens when law enforcement officers persuade or trick someone into committing a crime they wouldn't have otherwise committed. If you can prove that you were induced by the police to possess or sell drugs, you might have a valid entrapment defense.

This defense is tricky and depends heavily on the specifics of your case. Your lawyer will need to show that you were not predisposed to commit the crime and that the police's conduct was overly persuasive or coercive.

Demonstrate a Lack of Intent

One often overlooked but potentially effective defense against drug charges is demonstrating a lack of intent. In many drug cases, especially those involving possession with intent to distribute, the prosecution must prove that you intended to commit the crime. This means they need to show that you were not only in possession of the drugs but also planned to sell, distribute, or manufacture them.

If your lawyer can argue convincingly that you had no intention of engaging in drug distribution or that you were unaware of the drugs' presence, this could significantly weaken the prosecution's case. 

Find Your Defense

As you can see, there are plenty of different options for fighting your drug charge and potentially getting it dropped. It all comes down to the specific circumstances of your case and the strategy that your attorney feels will be most effective in your situation. That means, ultimately, it all comes down to finding and hiring the best lawyer for the case!