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  • Writer's pictureSamantha Gahn

How to Get Drug Possession Charges Dropped in Louisiana?

Drug Charges Attorney Louisiana
Drug Possession Charges in Louisiana
Facing Drug Charges in New Orleans or Sourrounding Areas?

Facing drug charges can be an incredibly stressful experience. However, there are strategies and legal avenues available to potentially get drug charges dropped. At Moisant Law Firm, we believe in empowering our clients with knowledge and providing expert legal guidance to navigate these challenges.

Understanding the Charges

The first step in fighting drug charges is to understand what you're up against. You will need an experienced criminal attorney to help you understand what you are facing. Drug charges can range from possession and distribution to manufacturing and trafficking. The severity of the charge often depends on the type and amount of the drug involved, as well as any prior criminal record. Knowing the specifics of your case will help in formulating an effective defense strategy.

Key Strategies for Getting Drug Charges Dropped

  1. Challenging the Evidence One of the most effective ways to get drug charges dropped is by challenging the evidence. This can include:

  • Illegal Search and Seizure: The Fourth Amendment protects against unreasonable searches and seizures. If law enforcement conducted a search without a warrant or probable cause, any evidence obtained may be inadmissible in court.

  • Chain of Custody Issues: The prosecution must establish an unbroken chain of custody for the evidence. If there are any gaps or irregularities, it can be argued that the evidence may have been tampered with or contaminated.

  • Insufficient Evidence: The prosecution must prove every element of the charge beyond a reasonable doubt. If the evidence is weak or circumstantial, your attorney can argue that the case should be dismissed.

  1. Motion to Suppress Evidence Filing a motion to suppress evidence is a powerful tool in drug cases. If the court grants this motion, the evidence obtained through illegal means cannot be used against you, which often results in the charges being dropped.

3. Diversion Programs

New Orleans offers diversion programs for first-time offenders or those charged with non-violent drug offenses. These programs often involve:

  • Rehabilitation and Treatment: Completing a court-approved drug treatment program can sometimes lead to charges being dropped.

  • Community Service and Education: Participating in community service or educational programs about drug abuse can demonstrate a commitment to rehabilitation, potentially leading to dropped charges.

4. Negotiating a Plea Bargain

In some cases, negotiating a plea bargain may be the best course of action. This involves agreeing to plead guilty to a lesser charge in exchange for more serious charges being dropped. An experienced attorney can negotiate terms that minimize the impact on your life.

5. Entrapment Defense

If you were induced by law enforcement to commit a crime you would not have otherwise committed, you might have an entrapment defense. Proving entrapment can be complex, but it can result in charges being dismissed if successful.

6.Prosecutorial Discretion

Prosecutors have significant discretion in whether to pursue charges. A skilled attorney can present mitigating factors, such as lack of prior criminal history or evidence of rehabilitation, to persuade the prosecutor to drop the charges.

Contact Us

If you or a loved one is facing drug charges, don’t go through this challenging time alone. Contact Moisant Law Firm (504) 317-1685 today for a consultation and let us help you fight for the best possible outcome. Our commitment is to your defense, your rights, and your future.

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