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Don’t just plead guilty to a drug possession charge!
Hearing that you’re facing drug charges can be stressful. It can seem tempting to just want to get the case over with by pleading guilty, but there may be good reasons not to plead guilty.
Shealey Law Firm explains pleading guilty to drug possession and what you need to know.
Should I Plead Not Guilty to Drug Charges?
At your arraignment, you should always plead not guilty. Tell the court that you will hire a lawyer. In fact, you can hire our drug possession defense lawyers right away, and we can be present at your arraignment.
Why Should I Plead Not Guilty to Drug Charges?
There are a lot of ways to address a drug possession charge. Pleading guilty might be the best thing to do, however, there are many ways you can respond to the charges. These alternatives may reduce the potential penalties, or even result in dismissal of the case. Going to trial may not be required.
Dismissal of my case? That sounds too good to be true!
These aren’t false promises or an uncommon result. South Carolina law has multiple types of diversion and deferral programs that may apply in a drug possession case. The result of successfully completing a program can mean that your case is dismissed without a conviction.
Every case is unique, and results are not guaranteed. Always see us for a personal consultation about your specific situation.
Cons of Pleading Guilty to Drug Possession
Some of the consequences of pleading guilty to drug possession are direct, like jail and fines. However, there are collateral consequences, too. The court won’t tell you about these penalties, but they can stay with you for years to come.
Here are some of the cons to pleading guilty to drug possession
- Jail Time
- Probation, with substance abuse evaluations, rehabilitation, counseling, treatment, and community service
- Fines and Fees
- Restriction of Gun Rights (felony convictions)
- Restriction of voting Rights (felony on probation, parole or community supervision, re-registration is required)
- Employment, School, and Volunteering Consequences
- Trouble getting a professional license
- Hurting your social standing, including running for office or position in a religious or community organization
- Immigration Status Changes
- Charged as a repeat offender if you are charged again
Alternatives to Pleading Guilty to Drug Possession
Pre-trial Intervention
When a defendant accepts pre-trial intervention, they plead guilty to the offense without a trial. Then, they are placed on a term of probation. If they complete the probation, the charges are dismissed.
Drug Court
Drug court is like a pre-trial intervention in that you initially plead guilty and complete a program. It’s an intense program with regular court meetings and significant treatment. The purpose of the program is to help you address your underlying drug use so that you don’t reoffend. When you complete drug court successfully, the charges against you are dismissed.
Youthful Offender
If you are between the ages of 17-25, you may qualify for treatment under the South Carolina Youthful Offender Act. In fact, drug possession charges are a common charge for the YOA. With youthful offender treatment, you complete a sentence and wait five years. If you have no more convictions, you can apply for record expungement.
Motion to Suppress Evidence
Law enforcement must respect your constitutional rights when they stop you, conduct a search, and ask questions. If they violate your rights, the court may prevent them from admitting the evidence against you. When it comes to drug possession charges, suppression of the evidence can effectively mean dismissal of the case.
Going to Trial
You have a right to a trial on the merits of your case. You’re not guilty just because there are charges against you. What seems like an obvious case to law enforcement may not be to the jury. You have the right to question witnesses, including police bias and their eagerness to make an arrest. You may call your own witnesses, and testify in your own defense.
Plea Bargain
A plea bargain can reduce the potential exposure and seriousness of an offense. You may agree to accept a guilty plea to a lower charge, or to only some of the charges if you are facing multiple offenses. Your lawyer can help you negotiate.
What Should I Do About My Drug Possession Charges?
With these many alternative ways to resolve a drug possession charge, you may wonder which way is right for you. The answer is it depends. It depends on how strong the state’s case is against you, and your chances of winning at trial. It depends on whether there are reasons to avoid a trial. There are various pros and cons of the different diversion programs.
What’s best varies from case to case and the individual person.
How a Lawyer Can Help
Shealey Law Firm can help you build your defenses and respond aggressively to drug possession charges. Our lawyers can help you weigh if you should plead guilty, participate in a diversion program, go to trial, or do other things for your defense.
See how our aggressive defense can help you when you are facing drug possession charges. Contact us now.