Should I Accept a Plea Bargain in a Drug Case?

Almost all drug crime defendants face this question. Plea bargains resolve over 90 percent of the criminal cases in Virginia. Plea bargains benefit everyone. For prosecutors, plea bargains clear their dockets faster. For judges, plea bargains conserve judicial resources. For defendants, plea bargains avoid the uncertainty of a trial. However, just because prosecutors offer a plea bargain in a drug case doesn’t mean the defendant must, or even should, accept it.

This post explores the difference between a favorable plea bargain in a drug case, which most defendants should accept, and an unfavorable one, which most defendants should reject. For a Leesburg criminal defense lawyer, a favorable plea bargain is a process, not a result. These offers don’t appear out of thin air. Instead, a Leesburg criminal defense lawyer must thoroughly evaluate a case, identify all possible defenses, and consider other factors before giving a thumbs up or thumbs down recommendation.

Risk at Trial

We mentioned defenses in a drug crime matter above. Since most drug crime cases are simple possession cases, we’ll focus on the risk at trial, and the available defenses, in a possession case. Many drug crimes have one, two, or three defenses:

• Procedural: Possession cases often involve Fourth Amendment search and seizure violations. Before they seize drugs or other contraband, police officers need valid warrants, unless a search warrant exception applies. If neither applies, the judge will exclude the evidence, causing the case to collapse.
• Substantive: A substantive defense in a drug possession case is an inability to prove all three elements of criminal possession, which are close proximity, actual knowledge, and exclusive control. Actual knowledge is usually the hardest element to prove, especially if Tony was a passenger in a car with people he didn’t know very well and police officers found drugs in the glove compartment.
• Affirmative: Coercion may be the most common drug possession affirmative defense. Someone might force Tony to hold drugs. Affirmative defenses are the riskiest of all these defenses, because the defendant must admit drug possession and hope the judge or jury buys the affirmative defense.

At trial, prosecutors must prove every element of a criminal offense beyond any reasonable doubt. That’s the highest standard of proof in Virginia law.

Speed of Resolution

Plea bargain resolutions are much faster than trial resolutions. Many defendants can plead guilty almost immediately but they must wait about a year for a trial date.

This delay could be an issue if the defendant is in jail or if cost is an issue. Most incarcerated defendants want to get it over with as soon as possible. Furthermore, most Leesburg criminal defense lawyers charge higher legal fees for trials, because more work is involved.

What’s In It for Me?

The best possible plea bargains don’t stain the defendant’s permanent criminal record. These resolutions include pretrial diversion, drug crime diversion, and deferred disposition.

Pretrial diversion is a prosecutor-run program that pauses the prosecution process. If the defendant completes program requirements, such as performing community service and attending classes, [prosecutors drop the matter. Drug crime diversions are similar programs that usually include drug treatment requirements.

Deferred disposition is a special form of probation. If the defendant successfully completes probation, the judge dismisses the case instead of finding the defendant guilty.

Connect With a Diligent Loudoun County Lawyer

There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. Virtual, home, and jail visits are available.

Source:

themarshallproject.org/2020/11/04/the-truth-about-trials