Drug Charges in Dublin
Drug charges in Dublin can range from misdemeanor to more serious felonies. The severity of the charge depends on the nature of the crime. In most instances of drug offenses, simple possession would be a misdemeanor charge, while manufacturing, sales, distribution, and transportation would typically be a felony offense.
Regardless of the charges you are facing, it is important to obtain the guidance of a skilled defense attorney. Strong legal counsel could help you minimize these potential ramifications and protect your future.
What Happens After Someone is Charged with a Drug Crime?
When people are charged with a drug offense, there will be a notice to appear in court, and they should expect that they will have to go unless they have a Dublin attorney on their side who has filed a waiver to go to court in their place. At court, they will be given the opportunity to enter a plea, establish what their speedy trial rights are going to be going forward, and receive discovery. An experienced attorney could review the discovery and request any additional discovery that is needed. There will then be an investigation into whether there was surveillance in the area, witness statements, and body camera or vehicle recordings.
Defense counsel also communicate with the prosecution to see what the district attorney wants to offer as a resolution, and will negotiate the case to see whether there is a dismissal, collaborative court, or reduced resolution that is feasible. After review of the evidence, the defense counsel could spot any legal or factual issues, and raise appropriate pretrial motions to see whether there is evidence that can be excluded or if the case can be dismissed. If the matter does not resolve by plea or dismissal, the individual still has the right to go to trial.
The individual’s criminal record will reflect an entry for the arrest for a drug crime. The initial entry will show the date of the incident, the date of the arrest, what agency conducted the arrest, and what crimes he or she was accused of at the time of the arrest. After someone is charged and once the case is resolved, there will be a second entry indicating what court resolved the case and what the disposition of the case was. In other words, whether there was a dismissal, conviction, or the person went to county jail or state prison. All of those details will be there, even if the case is dismissed. However, there are legal remedies available for the individual to seal an arrest that did not result in a conviction.
Short-Term Consequences for Controlled Substance Offenses
The most immediate consequence for a drug offense in Dublin is the individual will be required to go to court. If he or she has been bailed out or are out on a warrant release, judges may impose conditions of release that require the person to attend Narcotics Anonymous group meetings, to drug test regularly, or refrain from the use or possession of drugs while out of custody.
If somebody is charged with distribution of controlled substances, manufacturing or anything related to sale and transportation, he or she may be required to stay away from known drug dealers, or prohibited from owning, using, or possessing controlled substances. There could be restrictions on where a person can go and places he or she is allowed to enter.
After a person is charged, there are some additional terms and conditions that can be put in place based on probation recommendation or the sentence. This can include treatment programs, group sessions, search conditions, restrictions on where a person can go, who a person can be around and restrictions on consuming controlled substances.
How are Drug Charges Dropped in Dublin?
A drug charge may be dropped right away if there is insufficient evidence, or if there was not enough quantity of the substance found to be tested (i.e. a “usable amount.”) If there are evidentiary issues or uncooperative witnesses, it may also result in a case being dismissed.
Often with drug cases, a key thing to look out for is whether there are unlawful searches. If the officer did not have a right to search the person, he or she had a warrant based on false information from a confidential informant, or an insufficient affidavit, this could be grounds for a dismissal of a drug case. A Dublin attorney would look for these mistakes in an effort to get drug charges dropped.
Learn More About Drug Charges in Dublin from an Experienced Attorney
Whether a misdemeanor or felony, drug offenses should be taken seriously. A permanent record could make it difficult to obtain employment and housing. By working with a qualified lawyer experienced with drug charges in Dublin, you could improve your chances of a positive resolution. Schedule your free case consultation by calling today.