Should I Plead Guilty to a Drug Case?
Yes, because in most cases, a bird in the hand is worth two in the bush. A favorable plea deal (a bird in the hand) is preferable to a possibly better outcome at trial, such as a complete dismissal of charges (two in the bush). Most defendants approach criminal cases the same way. Over 95 percent of criminal matters in Loudoun County settle out of court.
The trick is that the difference between a bird in the hand and two in the bush is often hard to determine. Only a Leesburg criminal defense lawyer thoroughly evaluates cases and investigates them. Attorneys also take other considerations into account, such as the defendant’s motivation to wrap up the matter quickly and the collateral consequences of a conviction at trial. Whether the defendant elects to grab the bird in the hand or try for the two in the bush, a lawyer is there every step of the way.
Elements of a Drug Case
Guilty and not guilty are moral terms. The real issue in criminal court is proved or not proved. So, the elements of a drug case are one of the key factors in the plead-or-not decision.
80 percent of all drug cases are possession cases. In Virginia, the basic elements of a drug possession case, or any other illegal possession case, are:
- Close proximity,
- Exclusive possession, and
- Actual knowledge.
Additionally, the state must produce the substance in court and prove that substance was illegal. To seize drugs or anything else, police officers usually need search warrants. Some exceptions apply in some cases. Illegality is often an issue in POM (possession of marijuana) cases. Hemp, a legal substance, is physically identical to marijuana.
Other drug cases, such as trafficking, add additional elements, such as an intent to transfer the drugs (sell them or give them) to another person.
Possible Resolutions
Immediate agreed pleas resolve most drug crime cases. Usually, during settlement negotiations, the prosecutor makes the first offer, a Leesburg criminal defense lawyer makes a counteroffer, and so on. The initial offer is usually based on the severity of the offense and the defendant’s criminal record, if any. The counteroffer is usually based on the strength of the state’s evidence on key elements and the availability of any defenses, as outlined above.
Delayed agreed pleas resolve most other drug crime cases. At a pretrial hearing, an attorney challenges the admissibility of evidence and other points of law. Once the judge rules on these issues, the lawyers cut a deal.
Other non-trial options include open pleas and, in some jurisdictions, slow pleas. In open pleas, defendants literally throw themselves on the mercy of the court. Some judges allow defense lawyers to call character witnesses to the strand. Slow pleas are a combination of open pleas and jury trials. The defendant pleads guilty and a jury assesses punishment, based on the evidence both sides present.
Bench trials (the judge is the legal referee and fact finder) or jury trials (the judge is the legal referee and the jury is the factfinder) may be good options in a few cases.
Reach Out to 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:
pewresearch.org/short-reads/2023/06/14/fewer-than-1-of-defendants-in-federal-criminal-cases-were-acquitted-in-2022/
