Often times, as I analyze my client's cases, I find that misdemeanor drug charges are cited inappropriately. For example, officers routinely issue tickets for drugs and paraphernalia where they leave out information about the quantity of drug, description of paraphernalia, and other mandatory details that could render the citation ineffective.
Another issue I've dealt with frequently is larger drug sting operations that net smaller offenders in the wake of a raid or a traffic stop. Often times these charges are misdemeanor citations written by officers who didn't even see what happened in the search or seizure. They could be called in by another officer or a Federal agent who doesn't fool with minor charges. They are merely slinging a ticket your way in these cases!
I'm pretty sure the reason this is so common is due to an ever relaxing stance on the drug war. Misdemeanor charges no longer carry the weight they once did, and there are so many diversionary programs with community service, etc. that offenders generally just take the easy path and do some work, pay some court costs, and earn a dismissal. The backlash to this is that law enforcement knows this, and hands the citations out generously, knowing there is really no drawback to them if the ticket gets dismissed.
When minor drug charge citations are handed out like candy, remember that just because the state doesn't make a big deal over it, that doesn't mean current or future schools and employers won't! Also, in some jurisdictions the state will take a guilty plea when they know good and well they can't win a conviction. I've seen this happen all to often.
Do not face minor drug charges alone. It's not about getting away with using drugs. If you have a drug problem, or even think you may have, you need to seek help in that area. This is about requiring the state to build a solid case with appropriately gathered evidence before you plead out. If this approach is taken, not only are you sticking up for your rights, you are forcing the system to acknowledge its burden, and doing your part to end the war on drugs that feeds on petty, non-violent offenders. Call an aggressive Asheville drug lawyer today: