Are There Any Alternative Programs In Texas Such As A Deferred Adjudication Or A Drug Court For First Time Offenders?
Yes. From the personal use amount of marijuana to the felony amounts of cocaine, heroin or methamphetamine, there are different types of programs available. For example, if someone has never been in trouble with the law and they are caught with a felony amount of cocaine but is not an amount that is considered for distribution, they could be eligible for deferred adjudication, which is a type of probation. They could also be eligible for pretrial diversion. Pretrial diversion can result in the charges being dismissed. If the client is able to complete certain conditions which may be required as drug treatment, such as going to a probation officer, and they are able to stay clean and out of trouble for a certain period of time, usually six months to a year, those charges can eventually be dismissed.
Do Most Drug Cases End Up Going To Trial Or Will They Come To A Plea Agreement? What Are The Usual Defense Strategies?
The first thing an attorney would do when representing a client on a drug case is to see if there is a way to get the case dismissed. The first thing they will look at is can they prove that their client possessed the drugs. Then they will look to see if the police officer followed all the rules. Was there an illegal search, why were they talking to their client, why did they stop their client, what is the evidence they have that their client had the knowledge, is there affirmative links liking their client to the drugs, can they prove that those drugs belong to their client and that their client had knowledge of those drugs?
The attorney will look to see if there is a way to get the case dismissed. If there is not a way to get the case dismissed, the next thing they will try to do is mitigate the case. Maybe their client is overcharged. Maybe the drug amount was actually 2 grams, but the police officer who initially made the arrest says it was 4 grams. This puts it at a lesser degree crime. The attorney will try to mitigate the case as much as they can. If their client has not been previously charged, his record is clean, they have a job etc., but they cannot get the case dismissed, then the attorney will try to get their clients a pretrial diversion. A pretrial diversion means that after they have gone through certain requirements of the court, such as being drug-free, maybe attending a class, doing some community service, maintaining employment for a certain length of time, then the case is dismissed. The attorney will look to see how they can defend a case. If they cannot get it dismissed, if they cannot mitigate it down to a lesser offense, then sometimes they do go to trial. Generally, attorneys will go to trial on a case when they think they can win it and they can prove that the client did not have the knowledge or did not possess the drugs.
Do People Just Admit To The Crime And Agree To Go Ahead With The Prosecution’s Deal?
Generally, most do not. The attorney can get the case dismissed, reduce the case or work out a very favorable plea bargain agreement for their client. That takes investigating in a case and fighting against the prosecutor in certain aspects and trying to mitigate the case, or lessen the severity of it. It is not very often that people go in and plead guilty on the first sitting.
Read on to find out the General Outcome In Most Drug Related Cases or call the law office of James Alston for a FREE Initial Consultation at (713) 228-1400 and get the information and legal answers you’re seeking.
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