The state's attorney has the authority to decide whether to file criminal charges. They can agree to dismiss the charges without trial. Of course, this action by a prosecutor is unusual. You would have to give the state a compelling reason to dismiss the charges, whether it's new evidence or a constitutional problem with the case.
Another strategy employed by those looking for how to get a possession charge dismissed is to determine lack of knowledge. Much like lack of possession, lack of knowledge or intention can also be used to drop a simple possession charge. It's important to understand that drug-related offenses, such as each person facing criminal charges related to illegal possession of controlled substances, are different. If you have been the subject of an undercover operation in which an undercover police officer tried to sell you drugs, then you and your defense attorney could argue a defense for entrapment, especially if the paraphernalia was a household item.
Georgia law § 16-13-2 allows the court to order a conditional discharge for certain drug possession offenses. The Georgia First Offender Act (Georgia Code § 42-8-60) may allow you to receive a deferred adjudication of your drug possession charge. If evidence of marijuana is discarded, then there is no way the state can prove your accusation. A criminal defense lawyer is the only person who can truly help you with your drug possession charges.
Constructive possession is a defense when cocaine or another drug is found in a location where more than one person had access. Anyone convicted of possession of Xanax will also have their driver's license suspended for one year. The police officer immediately smells marijuana when he approaches the driver's side window, orders the defendant to get out of the car, stops him, and then the driver is charged with possession of marijuana. At this point, you'll want to trust legal counsel from a good lawyer who can help you drop your drug possession charges and who knows the system and all the legal loopholes.
Entrapment cases can be quite complex and require an experienced defense attorney to argue that law enforcement used unfair coercion tactics and that otherwise the defendant would not have participated in the purchase of the drugs in the first place. Having a defense attorney who is well familiar with the penal system could help bring these issues to light and break down the other party's case, giving you a better chance of avoiding a drug paraphernalia charge in your record. At Barkemeyer Law Firm, we look forward to hearing from you and helping you get your drug possession charges dropped. It's less effective and sometimes too cumbersome for a first-time offender who may have just made a mistake and may not even need to be in drug court.
However, through plea bargaining, a strong criminal defense attorney can reduce the charge of selling cocaine to mere possession of cocaine.