Using Procedural Errors to Defend Against Drug Possession Charges

If you are facing drug charges, you probably know that there’s a lot at stake. In addition to a fine, driver’s license suspension, and possible incarceration, a conviction for drug possession can affect your ability to find employment.

It goes without saying that you should do everything in your power to fight the charges. There are several possible ways to defend against drug charges and to mitigate the penalties of a conviction, but doing so will require extensive evidence that can only be gathered through a comprehensive investigation of your arrest.

If you would like to discuss your case with a criminal defense attorney in Jersey City, contact the Law Office of Eric M. Mark. During your free initial consultation, I will evaluate your situation, answer your questions, and explain your defense options. Call 973-453-2009 today to schedule a case evaluation.

Common Procedural Errors Made by Police in Drug Possession Cases

Law enforcement personnel must follow specific protocols when pulling over a vehicle, searching a suspect’s property, and making an arrest. If police made a procedural error, then certain evidence against you may not be admissible in court.

For example, if an officer stopped your vehicle, searched your property, or detained you on the street for questioning without probable cause, some or all evidence gathered afterward may be inadmissible.

Illegal search and seizure is one of the most common procedural errors brought up in drug possession cases. If an officer did not follow proper procedure and performed an illegal search or seizure of you, your vehicle, or your property without permission or a warrant, some or all evidence gathered during that search and seizure will be inadmissible in court.

Another procedural error made by police is not reading a suspect’s Miranda Rights during an arrest. If this happened to you, statements you made during interrogation, may be inadmissible in court.

If police solicited or coerced statements from you that are considered self-incriminating, that fact may be used in your defense. It may even be possible to get a confession suppressed or thrown out.

Sentence Bargaining vs. Charge Bargaining—What’s the Difference?

Sentence bargaining and charge bargaining are two types of plea bargaining. If you were charged with drug possession and your attorney pursues a sentence bargain, it means you would plead guilty in exchange for reduced penalties. For instance, you might be allowed to enter probation on condition of drug counseling rather than going to prison.

If your drug lawyer pursues a charge bargain, it means you would plead guilty to lesser charges in order to avoid the more serious penalties of the original charges. The two types of bargaining are not exclusive; they can be pursued simultaneously.

If you were charged with drug possession, your first call should be to a criminal defense attorney. As your drug lawyer in Jersey City, I will investigate your arrest and develop a comprehensive defense based on the unique facts of your case. Call 973-453-2009 today to schedule a free consultation.