What Should You Do if You are Charged with Drug Possession in Arkansas?

Being arrested for drug possession in Arkansas is a serious matter, so understanding your options and building a strong defense is important if you want to beat the charge and clear your name. Here’s what you need to know about defending against drug possession charges.

Understanding Drug Possession Charges in Arkansas

Being charged with drug possession in Arkansas means that you are under suspicion of having illegal drugs on your person, in your vehicle, or in your home and are aware of the drugs and have control over them. This control can be physical, like carrying drugs in your pocket, or constructive, like knowing there are drugs in your car.

Legal Penalties for Drug Possession

The penalties for drug possession in Arkansas vary depending on the type and amount of the drug. Possessing a small amount of marijuana might result in a misdemeanor, while possessing a larger amount or possession of any amount of other drugs such as methamphetamine could lead to felony charges. If convicted, you might face fines or jail time depending on the drug and amount involved.

What Is the Court Process for Drug Possession Charges?

The court process begins with an arraignment, where you are formally charged and asked to enter a plea. You can plead guilty, not guilty, or no contest.

Before the trial, there may be pre-trial motions and hearings. Your attorney might file motions to suppress evidence or dismiss the charges. If your case goes to trial, both sides will present evidence and arguments. If you are found guilty, your sentence, could include fines, jail time, or probation.

Common Defenses Against Drug Possession Charges

There are several ways to defend against drug possession charges. One common defense is to argue that you did not actually possess or control the drugs. With this defense, you must prove the drugs belonged to someone else or that you were unaware of their presence. For example, if drugs are found in a car with multiple passengers, it might be unclear who the drugs belong to.

Another defense is to challenge how the evidence was obtained. The Fourth Amendment protects against illegal searches and seizures. If the police conducted a search without a warrant or probable cause, any evidence they found may be inadmissible in court.

Entrapment

Entrapment is a less common defense, but it can be viable in some cases. Entrapment occurs when law enforcement officers induce a person to commit a crime they would not have otherwise committed. If you can prove that the police tricked or coerced you into possessing drugs, you might have a valid defense.

How Important Is Evidence in a Drug Possession Case?

Physical evidence, like the drugs themselves, is crucial in a drug possession case. The prosecution must prove that the substances in question are indeed illegal and that they were in your possession.

Your defense attorney can challenge the evidence in several ways. This might include questioning the accuracy of lab tests, the chain of custody of the drugs, or the credibility of the officers involved in the arrest.

Witness testimony can also play a vital role. Witnesses might include people who testify that the drugs were not yours or experts who question the validity of the prosecution’s evidence.

Why Hire a Criminal Defense Lawyer for Drug Possession Charges

Having a good lawyer is critical when facing drug charges. An experienced attorney knows the laws in Arkansas and how the local courts work. They may spot problems with the prosecutor’s case and argue for your charges to be dismissed.

Good lawyers are also skilled at negotiating plea deals to get your charges reduced or help you avoid jail time. Your attorney can also guide you on what to do (and what not to do) while your case is ongoing to improve your chances of a good outcome.

Possible Outcomes and Post-Trial Options in a Drug Possession Case

In some cases, the charges may be dismissed if there is insufficient evidence or if your rights were violated during the investigation. Your attorney could also negotiate a plea bargain, which is an agreement between you and the prosecution where you plead guilty, sometimes to a lesser charge, in exchange for a lighter sentence. This can avoid the uncertainty of a trial.

If your case goes to trial and results in a conviction, you may have the option to appeal the decision. Additionally, after serving your sentence, you might be eligible to have your record expunged, which can help you move forward without the burden of a criminal record.

Diversion Programs and Alternative Sentencing

Additionally, Arkansas has diversion programs in some drug possession cases. Drug courts focus on treatment instead of punishment and offer a chance to get help and avoid jail time. These programs usually involve drug testing, counseling, and regular court check-ins. If you complete the program successfully, your charges may be reduced or dismissed. Participating in these programs can show the court that you’re serious about addressing any drug issues.

Call TLGNWA for Drug Possession Defense Today

Facing drug possession charges in Arkansas can be daunting, but with a solid understanding of the law and a strategic defense approach, you can protect your rights and pursue a favorable outcome.

If you’re facing drug possession charges in Northwest Arkansas, seek professional legal counsel immediately. At The Law Group of Northwest Arkansas, PLLC, our experienced attorneys can help you understand your options and build a strong defense.

Call 479-316-3760 today or contact us to schedule an initial consultation.