how to get a possession charge dismissed

A Kenosha County judge handed a huge win to Kyle Rittenhouse's defense team before closing arguments when he dismissed a misdemeanor gun charge against the teen. This consumer guide explains the Virginia laws regarding the criminal traffic offense of Reckless Driving Speeding. Another weakness is in the proof that a substance is actually a drug. This may give the officer time to legally call in the dogs to do a sniff. Drug possession can be actual, joint, and/or constructive possession. No matter what happened, make finding an aggressive, top-rated Houston drug lawyer like those at Thiessen Law Firm a top priority. Found inside – Page 141It's not uncommon for parents to open their wallets when young adults get into trouble. ... “Next we have a possession charge which was dropped when he agreed to cooperate with a police investigation of his supplier. Every case is different. If this is the case and you were charged with possession of dangerous drugs, then your attorney should be able to have your charges dropped. The prosecutor will likely charge both people with possession of the drugs as joint possession. For instance, it the officer is unable to articulate a reasonable basis for the stop, we would try to get the drugs suppressed from trial as this was a violation of the defendant’s constitutional rights. Three examples are as follows: Under Massachusetts General Laws chapter 111E, section 10, a person who is evaluated and considered a “drug-dependent person” can have his or her case dismissed prior to arraignment after completing court-approved treatment. But it’s critical to find an experienced and aggressive law firm that will do everything they can to protect your rights. The statute under which you can find the sentence for drug possession is Massachusetts General Laws chapter 94C, section 34. A prosecutor might agree to dismiss a minor charge as long as the defendant does not pick up any new charges or get into any trouble within one year. This is just one common argument used to get possession charges dismissed. Shafer, the more they run the risk of having the state attorney formally look into the case and bring formal charges. Every case is different. I find most people are confused about the concept of joint possession of drugs. Either way, the officer approaches the vehicle during the investigatory stop and says he smelled marijuana. Click here [LINK TO FELONY PRACTICE AREA] to learn more about the distinction between a misdemeanor and a felony. In some states, they have legalized marijuana for medical use and even recreational purposes. If the drugs are not in the defendant’s actual possession – not on him, but the police and prosecutor think they can still prove he possessed the drugs, then the theory they use is constructive possession. For a free consultation, contact Attorney Thaler at 781-366-0806 or at mike@thaler.law. It is important to speak to an experienced lawyer regarding your options and personal circumstances if you are charged with drug possession. For example, the Essex County District Attorney’s Office has created its own drug diversion program for those charged with drug possession in their courts. It is often a good idea to get legal counsel from a defense lawyer to help you dismiss the charges. In very rare circumstances, if a victim requests that charges be dismissed, a prosecutor may agree to do so. It might be illogical or unreasonable as to what the officer is saying. If you have a valid prescription, obviously you can possess the scheduled drugs. These cases can get sticky because there could be multiple drugs found in different areas of the residence. Being charged with a drug crime can be an unsettling experience, one that can leave you feeling vulnerable and confused about the charges against you. You should immediately contact a criminal defense attorney for assistance with these types of cases, even if the charges seem relatively minor. Failing to do so could have dire consequences that a skilled attorney may be able to help you easily avoid. Many drug arrests occur as a result of the police officer discovering them in a vehicle. Having a possession charge pressed against you can have profound implications. On the other hand, the owner or tenant of the residence could argue that the visitors to the house brought the drugs and so those drugs were not his. For example, one often used practical tactic is to simply take advantage of overworked public employees. The good news is that there are several different avenues to pursue to seek to get a drug possession charge dismissed in Massachusetts. Ultimately, Judge Bruce Schroeder dismissed the possession charge on Monday, a victory for the defense who had for months been asking him to do so. Our real evidence about our reductions and dismissals for dui's , drug possession , intoxicated possession of a firearm, and domestic violence cases. Consider this, if a woman comes to your house holding a purse, the purse doesn’t become yours because it is now in your house. The charges could be dropped or dismissed before going to trial. How to get a drug possession charge dismissed is one of the most important legal issues you can face. There are a few common ways to beat a first-time possession charge. If you’re our client, we’ll be there for you every step of the way. It goes like this: the police officer spots someone creeping along or looking suspicious because officers do this all day every day. Before conviction, the prosecutor must prove that the defendant was in knowing and intentional possession of drugs. Fight drug “possession” to get the charge dismissed. Regardless of where in Louisiana you received the drug charge, we can help. However, time is of the essence. The above are just some examples of how to get a possession charge dismissed. Barkemeyer Law Firm has multiple locations in Louisiana. I wrote the book on How to Defend Charges in Louisiana, which was published and can be obtained on Amazon. Want to learn more about lack of possession? Nov. 15, 2021. Nevertheless, we know of ways to minimize the damage. Mr. Barkemeyer and our associates have focused on defending drug crimes for our entire careers. Read on to learn how to get drug possession charges dismissed! Even if you do not qualify for a dismissal prior to arraignment on the above criteria, it is still possible to get a possession charge dismissed. He had no right to those drugs. Drug Possession Charges: How to Get it DISMISSED // Facing time for a drug possession charge or worse? Charles shafer has been very successful in having initial charges reduced or dismissed. To get your minor in possession of alcohol ticket dismissed or reduced to a lesser offense, hire an experienced attorney to fight the mip charge in court. For example, let’s say that an undercover cop pressures another person into buying drugs and arrests that person as a result.

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