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Don't Fret - There is a great deal more that can be done than you probably think!
The defense of Narcotics Cases offers a much wider array of options and possibilities than any other type of charges under the criminal code. This means that you are likely to be much better off than you initially believe.
Narcotics cases are generally either a possession or sale case. If you are found to be selling narcotics, you are likely to face much more severe penalties than those for simple possession. The grading of sale offenses aslo hinges upon the type of narcotics sold, the amount sold or possessed by the seller, and the location. If you are caught selling narcotics in a school or park zone, the charges might mandate a jail sentence, even for your first offense.
Possession cases will generally carry the option of a pre-trial diversion, if you are a first offender. This means that you will have the option to enter the Pre-Trial Intervention program, or Conditional Discharge program, provided you meet the guidelines and criteria for admission.
99% of Narcotics cases (in my experience) involve some form of warrantless search and seizure by the police. These types of searches are strictly prohibited by the Fourth Amendment of the United States Constitution, which grants us the right to be free from unreasonable searches and seizures. This particular area of law provides for certain narrowly-defined circumstances under which a police officer can search an individual without a warrant.
Most of the cases which I handle require the filing of what is called a "Suppression Motion." This motion is where the State will have the burden of establishing that the search of your person, car or home, was permissable under the Constitution. If the State is unable to prove that the search and seizure was properly justified, all evidence which was found must be suppressed from evidence.
What Should I Do?
You should contact an experienced criminal trial attorney as soon as possible. Narcotics laws are so vast, and the procedures available for handling them are so complex, that they cannot be capsulized in a summary like DWI laws. Your options are plenty, however, and you may be in a much better position to challenge your arrest, or to enter a diversionary program, than you think.
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