A drug defense attorney must be familiar with the various schedules of drugs. He or she must understand which offenses misdemeanors are and which are felonies. With offenses involving marijuana, the key factor is the quantity of the drug which subjects the offender to either a misdemeanor or a felony.
A drug defense attorney must be aware that trafficking, no matter how small the amount, is a felony.
Some drugs such as heroin or cocaine are classified as felony offenses according to the schedules and the statutes that govern controlled substances.
A drug defense attorney may use motions to suppress as well as due process and fourth amendment arguments to eliminate evidence against the client in order to get the prosecution to enter a plea deal. This can result in the drug defense attorney obtaining a misdemeanor for the client which was once a felony.
If the offender is merely a user and not a dealer, the drug defense attorney may steer the case into “drug court”. This offers the client treatment in lieu of incarceration and allows the client to file for expungement.
If you are facing a drug charge, feel free to contact our office. As drug defense attorneys, we have extensive experience in this area and all consultations are free.