How a Lawyer Can Help With a Drug Distribution Charge

The U.S.’s harsh drug laws have put millions of people behind bars. The difference between a drug infraction, a misdemeanor drug possession charge, and a felony drug charge may just be the amount of drugs in your possession. A drug distribution charge can mean prison time and a permanent felony record. It could potentially mean time in federal prison.

A criminal defense attorney can make the difference in building a strong defense against drug distribution charges. The legal advice and advocacy that a criminal defense lawyer is essential in protecting your rights and freedom.

What Is Drug Distribution?

Under federal law, it is illegal to distribute or possess with the intent to distribute a controlled substance that is illegal under federal law. “Distributing” means delivering or transferring possession of a controlled substance to another person.

Drug offenses involving sales, distribution, or drug trafficking are more serious crimes than simple drug possession. Depending on the state and the substance involved, simple possession is usually a misdemeanor or an infraction. However, drug distribution is usually a felony charge.

Police and prosecutors often presume distribution based on the amount of drugs involved. If you have a larger amount of drugs, the law may consider you to be a drug dealer. Prosecutors can also use circumstantial evidence to show that you intended to distribute illegal drugs, instead of keeping them for personal use. Evidence of the intent to distribute can include your possession of drug paraphernalia like:

• Scales or measuring equipment
• Baggies or packaging material
• Multiple small packages of drugs

How Can a Drug Crime Defense Lawyer Help?

Most criminal cases, including drug cases, do not go to trial. Prosecutors typically offer plea deals in exchange for lighter sentences and reduced charges. This reduces crowded court dockets and saves defendants the time and money a trial will cost.

Many first-time offenders take a plea deal from the prosecutor without getting legal advice from a criminal defense lawyer. Police and prosecutors use intimidating language to make cases sound open-and-shut, and that a judge and jury will hand down a harsh sentence for a conviction.

Just because law enforcement and the prosecutor make it seem like you don’t have a chance doesn’t mean you don’t have a legal defense.

There are long-term consequences of a felony conviction, even a first offense. A felony criminal record can follow you for the rest of your life. The difference between simple possession and distribution can be just a few grams. A felony conviction can limit your future opportunities. You may have limited opportunities for future jobs, housing, and government benefits.

What Are Legal Defenses to Drug Distribution?

There are many legal defense strategies for drug distribution charges. Many drug crime defenses are based on unlawful police actions. Examples of legal defense options include:

• Illegal search and seizure: For example, if the police searched your property without a warrant and without consent, it may have been an unlawful search.
• Lack of probable cause: Police must have probable cause that you were committing or about to commit a crime if they want to search your home or car without your consent.
• Challenging the amount of drugs involved: If you can prove that you possessed a smaller amount of drugs than prosecutors allege, it could lead to less serious drug possession charges.
• Police misconduct: While uncommon, police have been convicted of crimes involving planting evidence or engaging in corruption. Much more commonly, police cut corners in investigations. Your lawyer can uncover that.

Finding the right defense strategy first involves getting the right help and legal advice. That’s why hiring an experienced criminal defense lawyer is so important.

What Will Your Lawyer Do?

A drug crime lawyer can tell you about your legal options after an arrest. They can represent you so you don’t have to deal with the prosecutor. As soon as you are arrested, you should not answer any police questions. Your lawyer can speak on your behalf.

Your lawyer can give you legal advice about your rights. If the police violated your rights, your lawyer can challenge the unlawful arrest or any illegally obtained evidence. Without the evidence, the prosecutor may not have a case and may have to drop the charges.

Your lawyer can also help negotiate for lesser charges. In some cases, accepting a plea deal may make sense. But it’s likely that your lawyer can negotiate a better offer on your behalf than you could on your own. Your lawyer may be able to get the prosecutor to agree to lower the charges to a misdemeanor. In some cases, you may be able to go to drug court or a diversion program to keep the charges off your record.

Get Legal Help Today

As soon as you learn you are under investigation for drug distribution criminal charges or other drug-related crimes, talk to a drug crime lawyer about the best defense strategies in your case. You have rights, and your interests do not align with those of police and prosecutors, who are concerned with getting convictions and guilty pleas. Before taking a plea deal, talk to a drug defense attorney about avoiding jail time and a permanent criminal record.