Drug Charges (PCS) Explained:
Drug Charges include possession of heroin, prescription medication, LSD, mushrooms, opioids (including codeine, fennel, hydrocodone, methadone, meperidine, and hydrocodone), and ecstasy. Drug charges are also known as Possession of a Controlled Substance or PCS.
How can an attorney help you with Drug Charges (PCS)?
Drug charges are very serious felony charges. A good attorney can make a big difference in your case. For example, a good attorney is capable of having the case dismissed or obtaining a sentence where the case will be completely dismissed after a certain period of time.
5 Steps in Fighting a Drug Charge:
Step 1:
Determine if the reason the police stopped you was legal. Many times the police suspect a person of doing something. However, they do not have enough evidence to actually stop someone to talk with them. If the police officer stops you without a proper reason, this stop and the evidence obtained cannot be used against you in court.
However, rather than admit that they did not have a good reason, a police officer will usually make up a reason. For example, they may say your license plate light was out, when it was working. They may also say that you were speeding when you were not. It is my job as an attorney to show the court that the reason was pre-textual (false), and that the officer had no legitimate reason to stop you. If the court concludes that the officer shouldn’t have stopped you, then the judge will exclude all the evidence obtained during the stop.
Step 2:
File motions to challenge the stop even if their evidence is not all on our side. Even if the stop and search seems proper, I file motions to challenge the stop. This action has the effect of letting the prosecutor know that no matter how solid of a case they think they have, I could still have the case dismissed.
Step 3:
Determine if the prosecutor will agree to a deposition that would greatly benefit my client. For example, in some courthouses, “drug school” is an option. Drug school is a one-day, several-hour class that a client attends. After the class is over, the case in court will be dismissed. Other options include having the charge reduced to a misdmeanor and obtaining court supervision, or a certain type of probation that allows the entire case to be dismissed once the client successfully completes the probation or that allows the case to be expunged (completely removed from a client’s record) after a certain period of time.
Step 4:
Write a mitigation letter to the supervising prosecutor if the prosecutor in the court room is unwilling to offer a disposition that is acceptable.
Step 5:
Finally, conduct hearings and a trial to show the court that the police officer’s actions were not proper or that my client is not guilty of the charges.