Defense Strategies For A Drug Charge in Montgomery County
A conviction for a drug charge could have severe consequences in Montgomery county. Those who have been charged with a narcotics offense should immediately seek help from a knowledgeable drug attorney. A seasoned attorney because they can use their prior experience with similar cases to evaluate the case and help individuals with building defense strategies for a drug charge in Montgomery County. That way, the person charged can focus on the rest of their life while the defense attorney focuses on the case.
Steps To Avoiding Self-Incrimination Or Harsher Sentencing
When caught in Montgomery County, the top things a person should do to avoid self-incrimination or harsher sentencing is something that takes place at the time of arrest and shortly after. First, individuals should not give any explanation or reason why they possessed drugs if arrested. If someone possesses drugs or someone else who used the car possessed narcotics, any statement that shows they have knowledge of the substance could be used against them. At the time of an arrest, if there is a certain reason why they possessed the drugs, they should save it for a narcotics attorney and let them know when they speak to them.
Posting On Social Media
The second thing would be to not post on social media about their arrest, the circumstances, the narcotics charges, or any drug use. The police and the district attorneys are within their right to monitor someone’s public social media to see if they post anything about their arrest and their drug use that could be taken as a statement to use against them in court. They should beware of what they post about any arrest, including a drug arrest.
Consent to Search
The third thing to avoid self-incrimination is to not consent to the search of their house or a vehicle just because the police are being polite or forceful. The police have different tactics. Sometimes they are very kind. Sometimes they are very aggressive to see if they could get them to waive their right and say that they do not mind if they search their vehicle or that it is okay for them to enter their house when they know that there might be drugs inside.
When encountering the police a person being arrested should be polite but firm because they do not want to be in a position where they waive their right to challenge the search of their vehicle or any of their possessions. Whether it is a bag or any closed container, the police would need the permission of the person or probable cause to search inside it. When determining defense strategies for a drug charge in Montgomery County, the lawyer will determine if the defendant’s rights have been violated.
Lessen the Penalties of a Conviction
An attorney seeking to lessen the penalties for a given crime will often begin with finding any weaknesses in the District Attorney’s case and having that knowledge as potential leverage in the case. This means investigating, reading all witness transcripts and summaries and comparing them for discrepancies. This step is trial investigation work as a strong trial argument is a great negotiating tool.
After that step, the attorney could always turn towards mitigation. Mitigation is information that makes the opposing party more likely to make a lenient decision. Attorneys will gather information about the client, anything sympathetic or that highlights achievements and community benefit that the client has provided to their area. This information can be communicated orally or gathered as a packet and presented as a mitigation packet. Also, after trial, it can be submitted as a sentencing memorandum detailing the request for a reduced sentence.
How a Drug Attorney Could Help
Immediately following a charge or arrest, individuals should seek help from a tenacious drug lawyer. Those who have been charged with a drug offense should inform the attorney about any information related to the time, the place, and the circumstances of the arrest. That could be anything immediately leading up the arrest, like what the individual was doing, who they were with, and photos on Facebook or Instagram they took right before the arrest. This all could be very important in a possession case during the pre-trial motion and trial phase.
Aside from what happened during the arrest, there is a variety of information that could be helpful background information for an attorney. For drug charges, it would include proof of employment, treatment sought, community activities, family or other community ties, and ongoing efforts at education or seeking employment. All of those background factors are important both so the attorney knows what effect a conviction might have, and also to use as mitigation.
An experienced attorney will go through the case details, look at the applicable law, conduct any necessary investigations, gather and subpoena witnesses, reach out to and request documents from the District Attorney with or without written motions. Defending a case is best left to an attorney rather than trying to do everything by oneself in this situation. Call today to learn about the various types of defense strategies for a drug charge in Montgomery County.