Can Drug Charges Be Dropped or Reduced in Tennessee?

Facing drug charges can be a stressful experience, as the charges are not always minor. A drug charge can affect your life in many ways. For example, being caught with large amounts of drugs can lead to felony charges, jail time, fines, and more.

With so much at risk, you may wonder if drug charges can be dropped or reduced. It is possible in certain situations. Your best bet is to hire a criminal defense lawyer who will aggressively fight for you and uncover all possible defenses and programs. Here are a couple of ways to get drug charges reduced or eliminated.

Use Defenses

A skilled attorney who is experienced in drug offenses can provide valuable guidance throughout the legal process. They can review the evidence against you and develop a strategic defense. Here is a look at some defenses they can use:

• Challenge the search and seizure. If police violated your Fourth Amendment rights through an illegal search or seizure, any evidence found may be inadmissible. Your attorney can review the arrest for constitutional violations and move to have the charges dismissed.
• Consider constitutional violations. Any violation of your rights can be grounds to suppress evidence. These include being denied legal counsel, not being read your Miranda rights, or being coerced into confessing.
• Negotiate a plea deal. Plea bargaining with the prosecution may lead to reduced charges or lighter penalties. For example, a felony drug charge might be reduced to a misdemeanor with no jail time.
• Prove lack of knowledge or control. If you did not know about the drugs or didn’t have control over them, your attorney may present evidence to show you were not in possession. Evidence such as texts or witness statements can lead to charges being dropped.

Consider Diversion

Tennessee offers a program called diversion, which can help avoid prosecution and a criminal record. There are two types of diversion: pretrial and judicial. Pretrial diversion is often available for first-time offenders of non-violent crimes, allowing them to avoid formal prosecution by completing certain conditions.

Judicial diversion is a little different. This option involves pleading guilty and accepting specific conditions set by the judge, such as probation or community service, and upon successful completion, the charges may be dismissed. To be granted a diversion, you must fill out the online application and be approved.

Once the diversion period has been completed, the charge can be expunged. However, this does not happen automatically. The defendant must go to court to request an expungement.

Contact Us Today

Drug charges can be serious. If you have been accused of a drug crime, you need to protect your legal rights as well as your future.

A Murfreesboro criminal defense attorney, David L. Scott, can help defend your case and possibly get your charges reduced or eliminated. There are options available. To learn more, schedule a consultation. Contact us via (615) 896-7656 or online here.