Being accused of a drug crime can cause a person to feel fear and uncertainty. Most people are not family with certain words that are used in the criminal justice system, making it even more confusing for the average individual.
If authorities charge you with a drug crime, it can be a misdemeanor or a felony, with the latter being the most serious. Authorities determine how to charge you based on the circumstances of the crime. However, in certain instances, authorities can reduce a felony drug charge to a misdemeanor, which is a good thing.
From a felony to a misdemeanor
What will determine how your charge is classified, among other factors, are the amount and type of drug involved in the crime.
In order to reduce the charges, an experienced advocate strategically uses several factors to support a lesser charge, such as the offense, lack of prior criminal history and the defendant’s cooperation with the court, as well as their willingness to attend rehabilitation.
Plea bargaining
When representing clients facing drug charges, attorneys frequently negotiate with the prosecution. For example, if the individual charged has no criminal history or if there are other defenses, their attorney may have a convincing argument for why the prosecution should consider a plea deal.
Drug possession
While related to drug use, drug possession is different. For example, the possession of small amounts of marijuana—typically less than two ounces—is usually a misdemeanor, and there are options to work with the prosecution and seek to either reduce or entirely dismiss the charges.
Drug rehabilitation
Texas has programs aimed at rehabilitating individuals who suffer from addiction and want to get clean. The Texas Targeted Opioid Program, for example, provides alternatives to prison time and can reduce the individual’s charges.
It is possible to reduce a drug charge from a felony to a misdemeanor. The question is how. A competent attorney can help you answer that question by evaluation your case, the specific circumstances of it and advise you on the next steps.