In spite of the number of “bulldog,” “shark” and “aggressive” criminal defense attorneys in the world, over 90% of criminal cases plead.  Illegal drug possession cases are no different.  Therefore, an attorney must know how to “fight” in a case that is going to plead.  Fighting in a plea situation for drug possession starts the same as fighting for a dismissal or fighting for a not guilty, your attorney has to know your case.  First, he must request all the discovery he can get from the prosecutors.  Second, he’ll have to carefully review all the discovery received.

Because this drug possession case is a plea bargain situation your attorney is unlikely to find the kind of information that leads to acquittals and dismissals in the discovery provided.  That is what makes your case a plea bargain case.  Still, your attorney should find little imperfections in the facts and occasional wrinkles in the law as it is applied to your case.  Even minor flaws that can be overcome by the prosecution represent a thorn in the side of the prosecutor assigned to your case.  Prosecutors will give a little more in a plea bargain offer for a drug possession case to avoid having to deal with any thorns.

Next, your Denton drug possession attorney should be steering your drug possession case toward the best outcome possible.  That means your attorney must know what outcomes are possible in the county that your case is in.  Therefore, hire an experienced local attorney that handles his cases personally not through associates.  Here in Denton County we have two Drug Courts, one Veteran’s Court, one Mental Health Court and one First Offender Program.  Illegal drug possession cases can be admitted into any of these specialty courts.  In most cases, successfully completing one of these programs results in a dismissal no matter how strong the prosecutor’s case was.  They also require executing written confessions so, the discovery must be thoroughly reviewed.  Each specialty court has different procedures, different requirements and different contact points to gain admission.  Your attorney must know his way around.

The specialty courts also have specific facts that, if they appear in your case, disqualify you for the program.  However, if your lawyer has been around long enough he will know that there is flexibility in these seemingly written in stone rules.  Further, your attorney must know what is possible if your drug possession case is turned down for a specialty program.  A drug possession case can still be dismissed even if the facts are good for the State.  Clients who do not qualify for a specialty court can, in some circumstances, receive a conditional dismissal of their drug charges because they have taken positive action regarding those charges.  You need an attorney that knows how to grease the wheels of justice in order to get that done.

So, there is a process to getting the best plea bargains when you are pleading a drug possession case.  The process can be summarized as discovery, mitigation and negotiation.  A good process and a lawyer that really knows how to work the process are vitally important when a client has been in trouble before.  For a client there is a big difference between regular probation and deferred adjudication probation in illegal drug possession cases.  One is a lifelong conviction that affects, voting, gun rights and future employment.  The other is not a conviction and therefore, does not affect voting or gun rights and can be made non-public for employment purposes.

Drug possession cases are most often felonies.  Two things in a drug case can push a prosecutor to demanding prison time.  First, a large quantity of illegal drugs being recovered as part of a possession case.  Second, the existence of prior criminal charges on a defendant’s record.  A combination of the two can also result in a prosecutor feeling that she should be tough on crime.  When prison time is at stake a plea bargain of regular probation can look really good to an accused.  Prison time offers can turn into probation offers with the right plan and the right attorney.

A drug possession case that is plea bargain case because of the facts is not an opportunity for an attorney to make a quick buck.  Because over 90% of criminal cases plead the effective assistance of counsel rules require diligence from a defense attorney.  You too should require a high level of diligence from your chosen attorney.  Why does your case need to be plead?  Will your attorney inform you as to what the State’s best evidence is against you is?  Will your attorney work with you on a custom defense plan that allows you to put your best foot forward in negotiations?  If you did it and the facts show it, you need as much representation as anyone else.  Be sure you know what your attorney’s procedures are before you hire him.  You should here far more from your chosen attorney than just, “they have a good case against you, take this plea.”

Contact the Law Offices of The Peugh Law Firm

Have you or someone you know been charged with manufacturing, delivery, or dealing of a controlled substance in Denton County, TX? You need a tough, smart Denton criminal defense attorney on your side. The Peugh Law Firm is prepared to fight for you. Contact us at (940) 566-0271 to schedule a free, no obligation consultation regarding your case

Secured By miniOrange