Top 8 ways your drug charges could get dismissed or reduced

Drug Charges

Drug charges against you may be dismissed or reduced if:

The officer did not have a valid reason to stop you.

The officer did not have a valid reason to search you, your home (or whatever place you were), or your vehicle.

Your consent to the search was not free and voluntary or the officer exceeded the scope of your consent.

If you agree to cooperate with law enforcement under an agreement carefully negotiated by your attorney with the prosecution

The officer cannot prove that you were in possession of the drugs.

If charges are not dismissed, and they resulted from a chemical dependency, your case may be referred to North Carolina Drug Treatment Court (DTC). Drug court focuses on treatment rather than punishment. This disposition is not available on Trafficking cases or Federal cases.

Conditional Discharge:

A Conditional Discharge may allow for dismissals of misdemeanors & low level felonies. This law allows the judge to defer further proceedings without entering a judgment of guilt, with the possibility of conditional discharge later on. Some pre-conditions include that the defendant is guilty of a low level felony or a misdemeanor, that the defendant and the prosecutor consent, that the defendant has not been convicted of a felony or certain misdemeanors and has not previously placed on probation. (This includes unsupervised probation and any probation that may have occurred out of state.) The defendant is placed on probation to allow him/her to demonstrate good conduct. If the defendant fulfills the conditions, the guilty finding will be withdrawn and the court will dismiss the proceedings.

Talk to an experienced lawyer who can help you determine if a Conditional Discharge can apply to your case.

Questions your attorney will ask:

Did someone else own the vehicle you were in?

Did someone else own the place you were in?

Were there other passengers in your vehicle?

Were there other people with you in the place where the drugs were found?

In what part of the vehicle or place were the drugs found?

How near to the drugs were you?

Is there a connection ("nexus") between you and the drugs?

Can the police prove that you were in control of the place where the drugs were found? (That you happened to be present is NOT proof that you were in control. Did the police find YOUR property, i.e., clothing, mail, papers at the place in question?)