Drug Possession Attorney

in Missoula, MT

If you are facing drug possession charges, you need an experienced attorney who can help you navigate the legal system and protect your rights. At Holloway & Hulling, we have experience handling all types of drug possession cases, from first-time offenders to those with multiple prior convictions of drug related offenses. We will work tirelessly to ensure that you receive the best possible outcome in your case.

When Do You Need A Criminal Defense Lawyer?

Drug possession is the illegal possession of a controlled substance without a valid prescription or legal authority. Additional charges include distribution or the intent to distribute drugs or the manufacturing or making of drugs. Drug charges can result in both misdemeanor and felony charges, and punishments vary depending on the exact charge, amount of drugs found, and prior criminal history.

In order to be convicted of a drug possession charge, the prosecutor must be able to prove that the accused person knew the drug in their possession was a controlled substance and that they knowingly possessed or had control over the drug. If you have been charged with drug possession, it is important to seek the help of an experienced criminal defense lawyer who can help you understand your rights and options.

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What We Do to Fight a Drug Charge

We know that fighting these types of charges can be difficult.

A skilled and experienced lawyer can help protect your rights and provide tailored advice specific to your case. We can explain the complexities of drug possession laws and the court proceedings to make sure you understand the information without using complicated legal jargon.

A lawyer can also seek to reduce or even eliminate criminal penalties. Additionally, a qualified criminal lawyer can provide a strategy for your case and be familiar with the court and/or judge in your case. It is important to consult with an attorney when fighting a drug possession charge in order to make sure your rights are protected and to get the best insight into the options available to you.

An experienced lawyer can use his review of the case and the law to challenge the facts, testimony, evidence, and procedures put forth by the prosecution. An affirmative defense can also be used to provide evidence that the defendant was acting legally and a skilled lawyer may be able to show that your constitutional rights were violated during the search and arrest and that all evidence should be excluded. With the right research and legal representation, it is possible to have the drug charges greatly reduced, or in some instances, even dismissed.

An experienced lawyer will know whether you should consider a plea bargain for a drug possession case. A plea bargain is an agreement between the prosecutor and the defense where the defendant pleads guilty to a lesser charge in exchange for reduced penalties. This could be beneficial to you if you are unable to prove your innocence outright or if the prosecutor has strong evidence against you. If this is the first time that you have been charged with a drug charge, you may even be entitled to a deferred imposition of sentence, which eventually allows your charges to be completely dismissed and taken off of your record in some instances.

Additionally, depending on the specifics of your case, it may be possible to negotiate a plea deal that involves drug treatment instead of jail time. A criminal defense attorney can help you understand and evaluate any plea bargain offers you may receive.

When fighting a drug possession charge, a lawyer may recommend meeting with a substance abuse professional for many reasons. Substance abuse counselors are highly trained and experienced in the complexities of drug addiction and can provide a comprehensive assessment of your situation, your risk of relapse (if you are struggling with addiction), and develop a treatment plan. The experts utilized by Holloway & Hulling are familiar with the legal process and can provide invaluable advice that can change the outlook of a case and help your attorneys find a resolution that focuses on treatment and rehabilitation instead of punishment. The counselor can also provide you with resources and support to help you break free from the cycle of addiction.

They can help you locate treatment centers and assist you in avoiding any future legal issues by understanding your relationship with drugs, whether they are prescription drugs or illegal drugs.

At Holloway and Hulling we utilize drug diversion programs in some cases to provide an alternative to jail time. Drug Court programs provide a “supervision-and-treatment” program separated into phases that offer the client more freedom as they complete each phase;

In certain cases, jail time may still be required. These diversion programs serve as an effective way to provide individuals with an opportunity to receive the treatment they need to overcome addiction while avoiding jail time.

When facing a drug possession charge, it is important to provide evidence of extenuating circumstances that could help to reduce or dismiss the charges or achieve a lower sentence. Possible forms of evidence include proving that the substance is not an illegal drug, showing that the drugs were unlawfully seized, or demonstrating that the drugs were not yours by presenting evidence that there were other people living in the same residence or traveling in the car. Additionally, it could be shown that the drugs were for personal use, or that there is a valid claim of duress or that you were threatened by someone else. Experienced criminal defense lawyers can help to evaluate your case and present any and all evidence to show the extenuating circumstances.

Witness testimony can be invaluable in fighting a drug possession charge. For example, if a witness can testify that they saw someone else in possession of the drugs, this could be an effective defense. Furthermore, if a witness can provide evidence that the drugs or drug paraphernalia were planted, this can be used to challenge the prosecution’s case. In addition, witnesses can help challenge the chain of custody of the drugs, as well as the accuracy of laboratory results. All of this evidence can be used to undermine the prosecution’s case and create a reasonable doubt as to the defendant’s guilt.

Drug possession charges can be challenged through a variety of motions, including motions to suppress evidence, motions to dismiss based on lack of probable cause, motions to dismiss based on violation of the defendant’s constitutional rights, and motions to dismiss based on violations of procedural rules like an unlawful search. An experienced criminal defense attorney can help you determine the best approach to defend your case.

Nate Holloway, drug possession lawyer in missoula,
2k+

SUCCESSFUL CASES

25+

YEARS COMBINED EXPERIENCE

3

AWARD-WINNING ATTORNEYS

Frequently Asked Questions

The difference between a felony and a misdemeanor charge for drug possession lies in the severity of the offense. Misdemeanors are less serious offenses that come with penalties such as fines, and jail time of up to one year. Most misdemeanors can be expunged off of your record as well. On the other hand, felonies are more serious offenses that come with much harsher penalties such as imprisonment for multiple decades or even life, and steep fines, including fines of even $50,000.00. Additionally, the penalties for drug possession can be enhanced if the offense occurs in a school zone, near a park, or another public area, or if a firearm was used.

We specialize in providing legal defense for drug possession charges. Our attorneys are experienced in handling drug-related criminal charges, understanding all applicable laws as well as the factors that can become part of a defense to ultimately impact the outcome of a drug possession case. At Holloway & Hulling, we recognize the importance of protecting our client’s rights and minimizing the possible penalties of a drug conviction. Whether the client is a first-time offender, has a prior criminal record, or has a history of drug offenses, our attorneys will work with clients to create a defense or negotiate plea bargains with the prosecution to ensure clients receive the most favorable outcome possible.

At Holloway & Hulling, we offer a first time free consultation for drug possession cases. During the consultation, our team will review the facts of your case and offer a no-obligation evaluation to identify the best approach for your drug possession case. We will also be able to accurately estimate the time it will take to work on your situation as well as the overall cost.