Drug Crimes and Plea Bargains in Loudoun County

Trials resolve a handful of drug crime matters, mostly high-profile matters, Plea bargains resolve run-of-the-mill drug crime matters. Drug crimes certainly aren’t run-of-the-mill to defendants, but that’s the way society views them. This practice took hold in the late 1800s. Back in those days, the country was growing rapidly. But taxpayers didn’t want to foot the bill for more courts, judges, and other such infrastructure. Plea bargains were the natural alternative.

One of the first recorded plea bargain agreements was a charge reduction plea bargain. A California defendant pleaded guilty to misdemeanor embezzlement to avoid a trial on felony charges. This same deal is available to a modern Leesburg drug crimes lawyer. If an attorney chips away at the state’s evidence, and the risk of a not-guilty verdict increases, most prosecutors will approve charge-reduction plea bargains in drug crime cases, such as a trafficking reduction to simple possession.

The Agreed Plea Process

Referees hardly ever supervise competitive pickup games, like pickup basketball games. The players know the rules, and they know when they break the rules, and they know the consequences for breaking the rules. A referee doesn’t need to tell them they committed a foul or made an illegal move.

Agreed plea bargaining negotiations are basically pickup trials. Prosecutors and defense lawyers know the law. When a Leesburg criminal defense lawyer points out a legal deficiency or possible defense, the prosecutor knows the law, and the prosecutor knows the effect of that legal deficiency or possible defense.

A legal deficiency in a drug crime case is usually a procedural error or a lack of evidence on a key element of the offense. If officers illegally seized drugs during a traffic stop, those drugs are inadmissible. Or, if there’s no evidence that the substance was illegal, perhaps due to a botched chemical test, the prosecutor knows the charges won’t hold up in court.

Coercion is the most common affirmative defense in drug crime cases, especially in gang-related drug crime cases. All gang crimes involve some element of coercion. At some point, the coercion is so great that it becomes a legal defense.

Agreed Plea Alternatives

Open pleas and slow pleas are the most common agreed plea alternatives in Loudoun County drug crime cases.

An open plea literally means the defendant throws himself on the mercy of the court. Defense lawyers often use open pleas if prosecutors refuse to make a reasonable offer, perhaps for political reasons. This strategy is extremely risky and must only be used in limited cases.

Slow pleas are a bit different and, in the current environment, more common. The defendant pleads guilty and a jury assesses punishment. Today, many people believe drugs are a health and safety problem, not a criminal law problem. Therefore, many jurors impose relatively light sentences, especially if the defendant doesn’t have a criminal record.

Reach Out to a Hard-Working 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.

Disclaimer: This memorandum is provided for general information purposes only and is not a substitute for legal advice particular to your situation. No recipients of this memo should act or refrain from acting solely on the basis of this memorandum without seeking professional legal counsel. Simms Showers LLP expressly disclaims all liability relating to actions taken or not taken based solely on the content of this memorandum.