Facing Drug Charges? 14 Defense Strategies From A Drug Lawyer
When you’re facing drug charges, it can feel like your entire world is on the line. The weight of the legal system, the possibility of jail time, and the impact on your record are all things that keep you up at night. But we’re here to let you know there’s a path forward. You don’t have to navigate this alone. With an experienced drug lawyer by your side, you can find the way forward.
The right legal defense strategies enable you to challenge the charges, protect your rights, and fight for the best possible outcome.
Whether you’re dealing with drug possession, trafficking, or even paraphernalia charges, we’ll break down 14 strategies that a drug lawyer in Raleigh can use to build your strongest defense.
14 Strategies to Fight Drug Crimes From an Experienced Raleigh Criminal Defense Lawyer
When you’re facing drug charges in Wake County, it’s essential to understand the strategies that can be used to protect your future. We know how daunting drug offenses can be, especially when the consequences could affect your life, your freedom, and your record.
With the right approach, we can explore every possible defense. Whether you’re charged with drug possession, drug trafficking, or possession of controlled substances, these 14 strategies are designed to help build a solid defense against drug crimes.
1- Challenging the Evidence Against You
One of the first things we’ll look at in your case is how the evidence was obtained. Was it gathered lawfully? Did the police officer follow proper procedures, or were there violations of your legal rights?
If evidence was obtained illegally, we can argue to suppress it. Without that evidence, the prosecution’s case may become much weaker, and this could lead to reduced charges or even a dismissal of your case.
2- Exploring Drug Diversion Programs in Wake County
In Wake County, we have the opportunity to explore drug diversion programs for certain drug offenses. If you’re facing misdemeanor drug charges or low-level possession of controlled substances, a drug diversion program might allow you to avoid a conviction.
These programs focus on rehabilitation rather than punishment, helping you to receive treatment for substance abuse while potentially avoiding jail time and a criminal record. We’ll discuss whether you’re eligible and how entering one of these programs could benefit your situation.
3- Arguing Lack of Possession or Control
In many drug crime cases, it’s not enough for the prosecution to show that drugs were found near you. They need to prove that you had control or knowledge of the substances. We’ll look closely at the details of your arrest and the surrounding circumstances.
Were the drugs involved found in a shared space, or were they discovered without direct evidence tying them to you? If we can create reasonable doubt about your possession or control of the drugs, this can be a key part of your defense.
4- Questioning the Validity of a Search Warrant
If the police searched your home, car, or property, we’ll examine whether the search was legal. Was there probable cause? Was a valid search warrant issued?
If the warrant wasn’t obtained correctly or didn’t cover the specific areas that were searched, we can file a motion to suppress the evidence. This could prevent the prosecution from using crucial evidence against you, dramatically changing the course of your drug crime case.
5- Examining Entrapment Claims
In some drug cases, police officers may use tactics that cross the line into entrapment. If you were coerced or persuaded into committing a drug crime that you wouldn’t have otherwise committed, we can argue that entrapment occurred.
This defense can be difficult to prove, but if successful, it can result in dropped charges or an acquittal.
6- Negotiating a Plea Agreement for Reduced Sentencing
Sometimes, it makes sense to negotiate a plea agreement that allows for lesser charges or reduced sentencing.
If the evidence against you is strong and a trial may not lead to a favorable outcome, we can work with the prosecution to reach a deal. This can mean reduced jail time, probation instead of a prison sentence, or a lesser charge like drug paraphernalia possession rather than a more severe drug trafficking offense.
We carefully evaluate your options to decide what makes the most sense for your situation.
7- Focusing on the Medical Use of Controlled Substances
If the drugs involved in your case are prescription drugs, we’ll look at whether you had a valid prescription at the time of your arrest. Schedule II drugs, like certain pain medications, and Schedule IV drugs, such as Xanax, have legitimate medical uses.
If you can prove that you were legally prescribed these substances, we can argue that your possession was lawful. Even if you were found with anabolic steroids or Schedule III drugs, a valid prescription could be your defense.
Whether you’re facing charges for drug possession, distribution, or possession with intent to sell or distribute (PWISD), we have the experience and dedication to help you navigate the complexities of the legal system.
Contact Scharff Law today at (919) 457-1954 or online for a FREE consultation, and let’s get started on building your defense. Together, we can work toward protecting your future and achieving the best results for your case.
8- Examining the Drug Schedule Involved
Different drugs carry different penalties based on their classification under federal and state drug schedules. The penalties for possessing Schedule II drugs are much more severe than for possessing Schedule IV drugs, which are considered to have low physical dependence.
We explore the exact drug schedules involved in your case and tailor our defense to reduce the potential penalties based on the substances in question.
9- Proving Lack of Knowledge
If you weren’t aware that drugs were in your possession, we can argue that you had no knowledge of the illegal substances. This defense is especially helpful when drugs are found in a vehicle, shared space, or package that isn’t directly tied to you.
We work to show that you had no intent or knowledge of the drugs, which could lead to a dismissal of your case.
10- Arguing for Leniency Based on Your Criminal Record
If this is your first drug offense, or if you have a minimal criminal record, we can argue for leniency during sentencing. The criminal justice system tends to favor first-time offenders who show remorse and a willingness to rehabilitate.
By highlighting your clean record and commitment to making better choices, we can work toward reduced sentencing or alternative programs like probation.
11- Challenging the Reliability of Drug Testing
In some drug possession cases, the prosecution’s case depends on the results of drug testing. We can challenge the accuracy and reliability of the testing process.
- Were the drugs tested properly?
- Was there a chain of custody issue?
If the testing results are questionable, we can argue to have them dismissed, weakening the case against you.
12- Defending Against Intent to Sell or Distribute
If you’re charged with possession with intent to sell or distribute, the prosecution must prove that you had the intention to sell the drugs, not just possess them.
We examine the evidence, such as the amount of drugs involved, and argue that it wasn’t enough to suggest distribution. This can reduce your charges from a serious felony to a misdemeanor possession charge, lowering the potential penalties significantly.
13- Highlighting Police Misconduct
In some drug cases, police misconduct plays a role in the arrest or investigation. If a police officer used excessive force, violated your rights, or engaged in misconduct during the search or arrest, we can raise this issue in court.
A judge may dismiss the charges or reduce your sentence if misconduct is proven.
14- Demonstrating Lack of Intent
Many drug laws require proof that you knowingly and intentionally committed a drug crime.
If we can show that there was no intent—whether through confusion, accident, or a misunderstanding of the law—we can reduce the charges or argue for a dismissal. This defense is often used in drug paraphernalia or simple possession cases.
Scharff Law Drug Defense Attorney: Free Consultation
At Scharff Law, we understand how overwhelming drug charges can be. Whether you’re dealing with simple possession or more serious charges like drug trafficking, the stakes are high. That’s why we’re committed to providing the strong defense you need to protect your future.
We take the time to learn every detail of your case, allowing us to craft a personalized defense strategy that gives you the best chance at a favorable outcome.
Comprehensive Defense for Every Drug Charge
Our team at Scharff Law is experienced in handling a wide range of drug cases, from misdemeanor drug possession to complex drug trafficking charges. We know that each case is unique, and we tailor our approach to fit your specific situation.
Whether the case involves prescription drugs, Schedule I controlled substances, paraphernalia, possession with intent to distribute, or other charges, we focus on every angle of your defense. We carefully examine how law enforcement handled your arrest, including the evidence collected and the legality of the search and seizure.
If we find that your rights were violated at any point, we’ll use that information to challenge the prosecution’s case. We also explore possible defenses such as lack of knowledge, improper possession, or even entrapment.
Exploring Alternatives to Jail Time
For first-time drug crime offenders or those charged with less severe drug crimes, we often explore alternatives to traditional sentencing. Wake County offers drug diversion programs that focus on rehabilitation rather than punishment, and we can help you determine if you qualify.
These programs may allow you to avoid jail time and a criminal record by entering treatment and education programs. If you’re eligible, this can be a crucial part of reducing the long-term impact of your case.
Working Closely With You Every Step of the Way
We believe in strong communication and partnership with our clients. From the moment you contact us, we’ll walk you through every step of the legal process. We take the time to explain your charges, potential penalties, and the options available to you.
Throughout the case, we keep you informed and updated, ensuring you feel supported and confident in the defense strategy we’re building together.
Take Control of Your Defense Today
A drug charge doesn’t have to define your future. At Scharff Law, we’re here to fight for your rights and work toward the best possible outcome for your case.
Whether you’re facing charges for drug possession, distribution, or PWISD, we have the experience and dedication to help you navigate the complexities of the legal system.
Contact Scharff Law today at (919) 457-1954 or online for a FREE consultation, and let’s get started on building your defense. Together, we can work toward protecting your future and achieving the best results for your case.