It’s always a tough little game drug lawyers play in helping clients with their misdemeanor and felony drug charges. For starters, lawyers are often focused on a reasonable suspicion to stop a vehicle followed by probable cause to search that same car. They are often fighting the epic battle over suppression issues and whether fighting the suppression battle is worth the risk of losing the opportunity at a plea when you’re caught dead to rights with a specific substance. But, another issue lawyers run into is sometimes the street test for the substance or the officer’s observation and what they believe the substance to be does not always mesh with what the drug actually is.
Remember, drug cases are focused on a little thing called “quantity” and the schedule or the type of drug involved. If you believe it to be a legal substance, then it’s typically in your best interest to have the state or feds test the drugs. However, it’s important to be careful. For instance, drug statutes and the various drug laws typically feature overinclusive language such as “the substance is any combination thereof.” This means you may have 1 gram of heroin mixed with 29 grams of sugar. If the state or fed test comes back and it features 1 gram of heroin, then that total quantity of heroin would be deemed to be 30 grams because the quantity involves any combination thereof.
Sometimes, the issue is our client has a bad record. They don’t want to admit to it being one felony drug substance versus another. Especially if they’re a habitual offender as they don’t want to admit to a drug that could get them habitual time. The problem that criminal defense lawyers often run into, is that they are often trying to negotiate a case prior to the lab report for people with bad records. The reason why is once the lab report comes back, the District Attorney is going to know whether or not they have a good case and what type of substance they are dealing with. This eliminates negotiation opportunities.
If you or someone you know is facing a drug charge of any sort, it is recommended you speak with a reputable Greensboro drug attorney from a law firm such as Garrett, Walker, Aycoth & Olson, Attorneys at Law, PLLC as soon as possible. Find a firm with criminal defense lawyers who know how to fight and win major drug cases.