Question: Can You Beat A Possession Charge?

Can a possession of a controlled substance charge be dropped?

If you’ve been charged with possession of a controlled substance, there are a number of ways that a drug defense lawyer will be able to help you fight the charges.

In some cases, they can even get the charges dismissed.

The controlled substance belonged to another person..

Is drug possession a misdemeanor or felony?

3. Weight limits are not specified, and drug possession is a misdemeanor crime for virtually all controlled substances. As shown in table 1, three of the five states have criminal history exclusions that make people eligible for a felony sentence or prison time if they have prior felony convictions.

What is the charge for possession of a controlled substance in Texas?

At a minimum, the charge for drug possession in Texas is either a “Class B” or “Class A” misdemeanor. This carries a penalty of up to one year in jail and a fine of up to $4,000, depending on the type of drug.

Can a judge dismiss a felony case?

The judge can either move forward with the trial, or if the prosecutor cannot prove sufficient probable cause, can dismiss the entire case altogether. The judge can also reduce a felony charge to a misdemeanor charge if he or she deems it necessary.

How can I get my felony charges dismissed?

Some grounds for dismissal include:lack of probable cause to improper criminal complaint or charging illegal stop or search.lack of evidence to prove the defendant committed the unavailable witness who is necessary to prove defendant committed the crime, and.More items…

Is it better to take a plea or go to trial?

Another advantage of pleading guilty is the expense for a lawyer is generally less when the lawyer does not have to go to trial. … In exchange for pleading guilty, the criminal defendant may receive a lighter sentence or have charges reduced. Additionally, pleading guilty avoids the uncertainty of a trial.

Can you beat a felony charge?

A felony charge can be dropped to a misdemeanor charge through a plea bargain, mistake found by the arresting officer or investigations, or by good behavior if probation was sentenced for the crime. … For example, a Federal crime as serious as terrorism will never be a misdemeanor and therefore cannot be reduced.

What is the mandatory minimum sentence for drugs in the US?

A mandatory minimum sentence is a minimum number of years, typically 5- or 10-years in prison, that must be served when a person is convicted of a particular crime. Mandatory minimum sentences for drug crimes are based on the amount of drugs involved.

What are the pros and cons of mandatory sentencing?

The Pros of Mandatory Minimum SentencesThey can lead to a decrease in serious crime. Up until the 1960s, capital punishment was a mandatory minimum sentence for murder. … They stop unjust sentencing practices. … They eliminate personal bias from all parties. … They protect society for longer time periods.

Can a misdemeanor charge be changed to a felony?

Yes, depending on the factual circumstances, the prosecutor may amend the charge by changing a misdemeanor charge into a felony. However, usually the prosecutor will dismiss the misdemeanor first without prejudice first then re-file with the new felony charge.

Is a misdemeanor better than a felony?

A misdemeanor is a less serious crime than a felony. Felonies are the most serious crimes you can commit and have long jail or prison sentences, fines, or permanent loss of freedoms. Misdemeanors usually involve jail time, smaller fines, and temporary punishments.

How do you win criminal case?

How To Win A Criminal Court CaseListen to Your Lawyer. The first step is to listen to your attorney. … Don’t Lose Hope. If you give up hope on your future, you hurt your chances at overcoming the charges. … Stop Worrying About the Cost. … Have Faith in Your Attorney. … Only Hire an Experienced Attorney.

Can felony drug charges be dropped?

Compromise May Be Your Win In cases where your lawyer cannot get the charges completely dismissed, they may be able to strike a plea deal where you plead guilty to a lesser charge in exchange for a reduced sentence. … In some cases, compromise may be the best option on how to “beat” a felony drug charge.

What are the two types of possession?

There are two kinds of “possession”—actual possession and constructive possession. A person who knowingly has direct physical control of a thing at a given time is then in actual possession of it.

What drugs are misdemeanors?

Offenses: Misdemeanor drug charges include possessing small amount of illegal drugs, possessing drug paraphernalia, and cultivating less than 200 grams of marijuana. Generally speaking, these crimes are not as dangerous as felonies.

What is the mandatory minimum sentence for drug possession in Florida?

Florida Minimum Mandatory Drug SentencesMandatory Minimum SentenceAmount of Controlled SubstanceFine15 Years50 to 200 grams Hydrocodone$500,00015 Years25 to 100 grams Oxycodone$500,00015 Years14 Grams of Opiates$100,00015 Years10,000 pounds/plants of Cannabis$200,00035 more rows