How to Fight Felony Drug Charges in Arkansas?

If you are facing felony drug charges in Arkansas, you’re likely feeling overwhelmed and under pressure about what steps to take next. It’s important to know, however, that charges do not always mean a conviction. By working with an experienced criminal defense attorney, understanding the law, and building up a robust defense strategy, you can answer the question, “How to fight felony drug charges in Arkansas?”

Understanding Felony Drug Charges in Arkansas

Under the Arkansas Code, felony drug charges can be brought forward in violent crime cases of drug manufacturing, possession with intent to distribute, delivery, or trafficking of controlled substances, and possession of significant amounts of controlled substances. Penalties are generally dependent on the amount and class of drugs involved.

Drug crimes can lead to long prison sentences, probation, hefty fines, and a permanent criminal record. Sentencing severity is dependent on considerations like aggravating factors, the defendant’s criminal history, and whether the crime was committed in a protected area.

Legal Defenses Against Felony Drug Charges

While it can feel hopeless and overwhelming to go up against felony drug offense charges, there are several legal defenses that can be leveraged to mitigate the situation.

A detail-oriented attorney can help you understand whether the following may apply to your case:

1. Unlawful Search and Seizure
   Law enforcement officers are required to have a valid search warrant or probable cause to search your property under your Fourth Amendment rights. If the evidence being used against you by the prosecution was obtained through illegal means, a drug crime attorney may petition to have it suppressed, which could substantially weaken the prosecution’s case.
2. Lack of Possession
   In felony defense drug cases that involve possession, the prosecution is required to prove beyond a reasonable doubt that the defendant had constructive or actual possession of the controlled substances in question. If there were multiple people involved in the crime, or if these substances were found in a shared or public space, this can make it difficult to prove sole possession.
3. Entrapment
   Entrapment happens when law enforcement causes a person to commit a crime that they otherwise would not have carried out. Entrapment can serve as a defense if an undercover officer pressured or coerced a defendant into committing a crime related to drugs.
4. Crime Lab Analysis Issues
   The prosecution heavily relies on an accurate identification of controlled substances as the foundation for their drug charges. If the alleged drugs were contaminated or there were any errors in testing at the lab or in the chain of custody, this could be a strong legal premise to challenge the evidence. The Arkansas State Crime Laboratory is located at 3 Natural Resources Drive in Little Rock.
5. Substantial Assistance Agreements
   Under Arkansas law, people who are facing severe drug charges can get their sentences reduced by cooperating in drug investigations with law enforcement. Such arrangements should only be considered with skilled and experienced legal representation to avoid any potential issues with self-incrimination.

Poverty and Unemployment in Arkansas

Economic conditions can often influence the frequency of drug-related offenses. According to the U.S. Census Bureau, deep poverty in Arkansas is higher than the national average, impacting 6.7% of the population compared with the 5.8% nationwide rate. Unemployment can also play a crucial role, with the Arkansas unemployment rate nearly doubling to 6.1% in 2020 due to the COVID-19 pandemic.

If You Are Charged with a Felony Drug Offense

If you’ve been charged with a felony drug offense, it’s critical to refuse to answer any questions until your criminal defense lawyer is present. What you say during your arrest can be used against you as you move through the legal process. Working with a skilled and knowledgeable attorney can help you obtain optimal case outcomes, including reduced charges, alternative sentencing measures, or even the opportunity to expunge a felony from your record.

FAQs

Q: Can You Get a Felony Drug Charge Reduced or Dismissed in Arkansas?

A: Yes, it is possible to get a felony drug charge reduced or dismissed in Arkansas. By working with an experienced criminal defense attorney, you can challenge any evidence brought forward by the prosecution and potentially have the ability to enter a drug diversion program or negotiate a plea deal. If your rights were violated, you may be able to get your charges reduced or dropped. Seek advice from a qualified lawyer to discuss your options.

Q: How Does Arkansas Classify Controlled Substances?

A: Arkansas classifies controlled substances following a scheduling system that is similar to that of the federal government. This means that there are six schedules of drugs, with Schedule I being the most dangerous and having the highest potential for abuse, and Schedule VI being the least dangerous and threatening to society. The classification of a drug associated with the crime impacts potential penalties.

Q: What Should I Do if I’m Arrested for a Felony Drug Charge in Arkansas?

A: If you’ve been arrested for a felony drug charge in Arkansas, it’s important to stay calm. You should politely invoke your right to remain silent and, as soon as possible, contact a knowledgeable criminal defense attorney. It’s important to note that any statements you make to law enforcement could potentially be used against you in a court of law.

Q: Are First-Time Offenders Treated Differently in Arkansas Drug Cases?

A: First-time drug offenses in Arkansas are generally treated with more leniency than repeat offenses. First-time offenders may have more options for relief, such as pretrial diversion programs, drug court, or probation instead of going to prison. Eligibility for these options is dependent on other factors, too, such as the specific circumstances and types of charges.

Fight Back Against Your Drug Charges With an Experienced Criminal Defense Attorney

If you or a loved one is facing felony drug charges in Arkansas, it is important to seek skilled legal counsel as soon as possible, as it can increase your chances of getting a favorable case outcome. A dedicated and empathetic felony drug crime lawyer from Lemley Law Partners is ready to help you fight back. Contact us today to schedule your consultation.