If you’re being a smart consumer, you stock up on things. Sam’s Club has huge boxes of everything from soup to toilet paper to potato chips, and it’s full every day of people buying in bulk. But if you do that with drugs, you’re going to be in huge trouble! In the eyes of the law, having a 48-pack of joints doesn’t make you a smart consumer – it makes you a drug dealer.

The law’s logic goes like this:

  • An individual person only reasonably uses a certain amount of drugs in a short period of time.
  • Only drug dealers would have more drugs than they can use in that period of time.
  • Therefore, if you have a large quantity of drugs you must be a drug dealer.

This is the logic of the law, and it trips people up. It’s tempting to think that the way to beat these charges is to show that you’re not a drug dealer – but that doesn’t matter. Let me repeat that – it doesn’t matter whether or not you’re actually dealing drugs. If you have more than the legally specified amount of drugs, the law has effectively determined that you’re a drug dealer.

So if the amount is all that matters, how do you fight charges like this?

The outcome of most of these cases hinge on possession, procedure, and pleas.

Procedure. It continues to amaze me how often the police mess up some aspect of the investigation, arrest, or evidence handling. This means the first line of defense is to determine if the police followed all of the appropriate procedures. Was a warrant necessary? If so, did they have one? Was evidence collected and handled properly? Were there any other violations that render evidence inadmissible? These are things that a lawyer experienced with drug charges will be able to identify quickly, and they may get your case thrown out before it even gets started.

Possession. In order to determine that “possession with intent to distribute”, a significant quantity of drugs had to actually be in your possession. Were the drugs actually found in your possession? Did they belong to you? Is the amount of drugs enough to justify the “intent to distribute” charge? Again, police make mistakes. A skilled criminal lawyer can go over the police records and identify opportunities to argue that the drugs weren’t yours, or that the amount you actually possessed wasn’t large enough to justify the “intent to distribute” charge.

Pleas. Sometimes it becomes obvious that some sort of drug charge is likely to stick, but the factors above (and other circumstances) might justify a reduction or change of charges to something you’d find more favorable. A lawyer can spot areas where there may be wiggle room to negotiate fines, jail time, and other factors that result in a better overall outcome for you.

These are all complex things, and as with all legal matters it’s not just about what the law says – it’s about how the law has been interpreted over time. In certain circumstances, it can even involve crafting a strategy based on a particular judge’s rulings in past cases.

Because of this, I encourage you to not go it alone. Any lawyer is better than no lawyer in cases like this. Of course if you want the best possible representation, you’ll want to hire your own lawyer. If you’ve been charged with a drug crime, I’d like to talk to you. Get in touch for a free consultation, and let’s talk about the results I can get for you!

Get Help Fast!

    Contact Us

    Recent Blog Posts