Most people are now far more understanding about substance abuse and criminal charges related to addiction. People have become much more accepting of the idea that those with minor drug offenses in their past can improve their lives.
That being said, a criminal charge can still have a profound chilling effect on an individual’s future. State laws have not shifted as quickly as social attitudes have regarding drugs. It is still a serious criminal violation to possess, manufacture or distribute drugs. Those facing a felony drug charge may need to consider partnering with a defense attorney to protect themselves against the life-altering consequences of a felony drug conviction.
Pleading guilty isn’t usually the best solution
Quite a few people accused of drug offenses make the decision to plead guilty. They may believe that a guilty plea allows them to sidestep the most severe penalties possible and that there might be a less significant infraction on their permanent record. However, statistics about guilty pleas show that is not necessarily true.
The vast majority of individuals who enter a guilty plea to a felony drug offense end up with a felony on their record. When looking at four years of criminal cases in South Dakota, researchers found that 440,181 of the people charged with crimes pleaded guilty rather than going to trial.
Of those defendants, 334,293 pleaded guilty as charged, meaning they entered a plea to the exact charge brought by the prosecutor. In other words, just under 76% of defendants who pleaded guilty received no lenience from the prosecutor in exchange for their pleas. As if that weren’t bad enough, they are completely at the mercy of the courts regarding the sentence they face.
How an attorney can help fight felony drug charges
A defense lawyer can help someone identify viable defense strategies. In some cases, a defense attorney may agree that a guilty plea is the best solution given the circumstances. In that scenario, a lawyer might be able to negotiate arrangements that involve a lesser charge showing up on someone’s criminal record.
A lawyer may also be able to convince the prosecutor to make sentencing concessions to limit the penalties the judge may impose. Other times, those facing serious drug charges might be eligible for adjudication in the drug courts. The defendant may have a viable defense strategy available.
Perhaps police officers conducted an illegal search or otherwise violated the defendant’s rights. Maybe expert witnesses could raise questions about the validity of the evidence that the state has gathered. There are many potential solutions for pending drug charges other than simply pleading guilty.
Choosing to fight back against drug charges can make a major difference for those concerned about the consequences of a potential conviction. The assistance of an attorney can make a major difference for someone facing potentially life-altering felony charges.