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  • Writer's pictureBrian Foley

Woodlands Criminal Defense Attorney - How to get a drug offense dismissed

Woodlands Criminal Defense Attorney - Brian Foley

Kids make mistakes when they're young, professionals can sometimes make mistakes after a lifetime of good behavior. If you find yourself being charged with a drug offense you will probably ask, "How do I get a drug offense dismissed?"

Lets say your son or daughter 17-25 years old has been arrested for having THC wax or oil. Most people think that this will be treated as a misdemeanor offense like possession of marijuana. What will actually happen is the District Attorney will file the charge as a State Jail felony or higher as Possession of a Controlled Substance Penalty Group 2. Getting a felony case dismissed is a huge priority. Felony convictions can lead to the loss of scholarship or student financial aid opportunities and even the right to vote or carry a firearm.

So what is the best way to get a drug case dismissed? The most likely way to get a drug case dismissed is through an attack on the stop or search. There is a doctrine in the law called, "fruit of the poisonous tree." Nardone v. United States, 308 U.S. 338 (1939). This doctrine holds that if evidence, like illegal substances, are found during the course of an illegal stop or search, then they will be suppressed and the State is prohibited from offering them into evidence against a person accused of a crime. This means that the case would be impossible to prove beyond a reasonable doubt and the State is forced to dismiss the charges.

So how do you get the State to dismiss? The first way is simply to have your lawyer speak with the prosecutor and after a careful review of the evidence, suggest that they should dismiss the case. It could be as simple as that. But what if the prosecutor disagrees and wants to continue the prosecution. The battle isn't over. You can ask to have a suppression hearing and have the Judge make the decision as to if the stop or search was illegal. If the Judge determines that the stop or search was illegal the Judge will suppress the evidence over the objection of the State and force them into a position where they have no choice but to dismiss the charges.

It is important that you hire an attorney that is familiar with the various legal theories that can change the outcome of your case. This can be the difference in a criminal case haunting your record for decades, and getting an expunction after a complete dismissal of charges.


For litigants who do not have counsel: Reading this blog post does not create an attorney client relationship. Call to set up a free consultation.

For the general public: This Blog/Web Site is for educational purposes only and it provides general information and a general understanding of the law, but does not provide specific legal advice. By using this site, commenting on posts, or sending inquiries through the site or contact email, you confirm that there is no attorney-client relationship created. Don't just read this as a substitute for competent legal advice from a licensed attorney.

For attorneys: This Blog is informational and educational in nature and is not a substitute for Westlaw or other research and consultation on specific matters pertaining to your clients. As you know the law can change day to day based on recent case opinions. And unfortunately you shouldn't cite it in court as binding authority because it is not. Mention it to your friends, just seek real consultation if its something important.

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