How to Get an Acquittal for Drug Charges in California
For most drug crime defendants in California, the primary goal is acquittal. With this outcome, you will escape all criminal consequences. While this is not always easy, it is always possible. You can raise your chances of an acquittal by executing various strategies alongside a qualified drug crimes defense attorney in Inland Empire. The most appropriate strategy depends entirely on the specifics of your drug case. How serious are your charges? Was it violent in nature? What kind of evidence are you facing? Would a jury be sympathetic to your life story? These are just a few questions you might want to ask alongside a defense lawyer as you approach a potential acquittal.
General Tips After Being Charged with Drug Offenses in California
Although specific strategies can target specific situations, you can also benefit from following a few general guidelines when facing drug charges. These tips can be effective in various situations:
- Remain Silent: You are fully within your rights to remain silent after a drug arrest in California. The Fifth Amendment states that no one can interpret your silence as a sign of guilt. It is generally a good idea to remain silent until you have a chance to discuss your situation alongside a defense lawyer.
- Remain Calm: A drug arrest can be highly traumatic. Although it might seem tempting to act out, it is best to remain calm. Avoid becoming physical with officers or troopers. Do not insult or threaten those around you, and remember that you will eventually have a chance to fight your charges.
- Do Not Consent to Searches: Even though you must remain calm, you can still fight for your rights. Calmness is not the same thing as submissiveness. If a police officer asks for permission to search your person, vehicle, or residence, you should refuse. Unless you consent, police officers must obtain warrants before executing these searches.
- Cooperate: Fighting for your rights is acceptable, but refusing to cooperate is a poor decision. There are some things that you must do as a citizen navigating the criminal justice system. These might include getting your fingerprint taken, attending court, and various other steps. Unless police officers are violating their own policies, California law, or the United States Constitution, you should probably comply.
- Speak with a Drug Crimes Defense Attorney in California: California must provide you with a public defender if you cannot afford a defense lawyer. While public defenders will fight for your rights, you might prefer to work with a private drug crimes defense attorney. Either way, consulting with a drug crimes defense lawyer in California as soon as possible will help you pursue positive outcomes.
Complete Drug Treatment Programs Under Proposition 36
If you are facing charges for a “crime of addiction,” you may be able to pursue treatment in place of criminal consequences. If you face overwhelming evidence, this could be the most effective way to avoid incarceration. Only certain defendants are eligible, and you may lose this opportunity if you have a criminal record. Generally speaking, only non-violent offenders are eligible for drug treatment programs.
You do not need to plead guilty to become eligible for Drug Rehabilitation programs. Many defense attorneys in California recommend Drug Rehabilitation, as it provides credit for any pre-conviction time served. Spend time on a Drug Rehabilitation program, and it could help you avoid jail entirely.
Drug rehab is one of the most difficult things that an addict can endure, especially if they are abusing highly addictive substances. Many people who have successfully completed rehab say that it’s “harder than jail.” Although it might seem like a real challenge, drug rehabilitation makes sense from an ethical and legal perspective. California incentivizes you to address your program and rewards you for taking steps to improve yourself.
Plead Guilty to Lesser Charges
You might also plead guilty to lesser charges when facing drug crimes in California. This may take the form of a “plea deal” in which prosecutors agree to drop serious charges in exchange for a guilty plea to lesser charges.
One of the most recent developments in California law is the possibility of homicide charges if someone overdoses on your drugs. Many dealers have been convicted of murder for fentanyl overdoses under these new laws. It may be worth pleading guilty to the drug offenses in order to escape homicide charges in this situation. There are many other situations in which plea deals could be the right choice.
Fight Your Charges
The final option is simple: Fight your charges in court. If you go down this road, you will plead “not guilty” to your offenses. Your drug crimes defense lawyer will then represent you in court and pursue a positive verdict on your behalf.
In a drug trial, the prosecution must establish your guilt “beyond reasonable doubt.” In other words, there must be an almost zero percent chance that you are innocent. Even if there is a shadow of doubt on the jurors’ minds, they must acquit you. The judge in your case will instruct the jury on this burden of proof. Specifically, they will warn the jury against convicting you if there is insufficient evidence of your guilt.
Your drug crimes attorney can cast doubt upon the prosecution’s argument in numerous ways. They might point out flaws in various pieces of physical evidence. Perhaps they will highlight issues with the chain of custody regarding drug evidence. They may also cross-examine the prosecution’s witnesses, exposing inconsistencies and inaccuracies in their stories.
Your drug crimes lawyer might also present evidence that supports your innocence – including character witnesses, surveillance footage, expert testimony, and so on.
Pursue Positive Outcomes Alongside an Inland Empire Drug Defense Lawyer
An acquittal may be easier to achieve than you realize. The only way to accurately assess your options is to consult with a drug crimes attorney in Inland Empire by calling us at 909-894-0812. During these discussions, you can explain your unique situation in more detail. From there, your lawyer can recommend the most appropriate defense strategy based on your specific circumstances. To begin this discussion, book a consultation with Milligan, Beswick, Levine & Knox, LLP.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.