Being arrested for any type of crime can be a stressful and frightening experience to go through. This can be particularly true for those that have been arrested for drug-related offenses as they may be unsure of what to expect or how to defend themselves against these charges. When you find yourself needing a defense against these criminal charges, there are several myths that may be misleading you when it comes to your defense efforts.
Myth: Drug Arrests Will Always Result In Prison Time
There is a common assumption that being arrested for a drug offense will always involve mandatory prison time. While it is true that there are many instances where individuals may face minimum sentences for the offense, this is not always the case. In fact, it may be possible for a criminal defense lawyer to help their client avoid prison time. This is possible as any prosecutors are willing to accept plea deals for first-time offenders facing relatively minor charges. Under these arrangements, there may be other options used rather than prison. For example, drug treatment programs, probation and random drug testing can all be used to help the defendant pay their debt to society while avoiding the devastating effects that a prison term could cause.
Myth: You Must Be Caught Selling Drugs To Be Charged With Felony Possession Or Distribution
Like most other crimes, drug offenses are divided into different classifications based on the severity of the offense. Sadly, there are many people that assume you must be caught directly selling drugs in order to be charged with felony possession and distribution. However, many states will determine this based on the amount of drugs that are found. As a result, a person that has a large amount of illicit substances may face distribution charged despite never selling it as the amount of drugs present could be used to show intent.
Myth: The Consequences For Failing Mandatory Drug Testing Are Minimal
When an attorney is able to help their client avoid jail time, it is essential for the defendant to follow the court mandated stipulations as closely as possible. Unfortunately, there are some that will find it difficult to stop their old habits, and this can lead to them failing their court-ordered drug tests. If this happens, it is important to know that the court will often come down very hard on defendants that fail their drug tests. In fact, it can be possible for the judge to reverse the terms of the plea deal and arrange for you to be arrested.Share