If you’re facing criminal drug charges, do not automatically plead guilty. No matter what evidence you think there is against you, don’t enter a guilty plea unless that’s what your attorney says you should do (although that would be unlikely).
Drug charges can include:
- Drug trafficking
- Manufacturing
- Possession of substances, like cocaine, heroin, methamphetamines, marijuana
- Possession with intent to deal
- Possession of drug paraphernalia
- Dealing drugs
If you’re facing any of these (or other) drug charges, you probably want everything to be over with fast, but here’s why pleading guilty will work against you.
1. Your charges might get dismissed completely
In some situations, even felony drug charges can get dismissed. If the evidence against you was gathered illegally, it can’t be used against you in court. If that applies to your case, and you plead guilty, you’re going to end up with a conviction you would have avoided otherwise.
Even if evidence was obtained illegally, you still need a lawyer to defend you and get your charges dropped. Your attorney will need to prove to the judge that the evidence was not legally obtained, and that’s not something you can do on your own.
2. A guilty plea eliminates access to a plea deal
The plea you enter doesn’t necessarily need to correlate with the truth. For example, you’re not technically saying, “I’m innocent of all wrongdoing” by pleading not guilty when you actually did commit the crime. If you’re facing drug charges, don’t attempt to “take the moral high road” by pleading guilty, thinking the state is going to cut you a break for being honest. That won’t happen. The only break you’ll ever get is with a plea bargain, and you can’t get a plea bargain when you plead guilty. With a guilty plea, you’re actually more likely to get the maximum allowable sentences regarding jail time and fines.
If you plead not guilty, there’s a chance you’ll be offered a deal. For example, you might be asked to plead guilty to a lesser charge in exchange for dropping a more serious charge. It’s not uncommon for people to plead guilty to a misdemeanor to avoid a felony conviction. This is important because felony drug convictions have serious consequences that will follow you for the rest of your life. For example, there is a federal ban on food assistance and cash benefits for anyone with a felony drug conviction. States can independently lift the ban, but it’s up to their discretion.
Similarly, as a convicted felon, you’ll lose the right to vote, and depending on your state, you may never get your rights back even after serving your time. Many property managers won’t rent to felons, and some employers won’t hire felons, despite it being illegal to discriminate against someone for having a record. If you plead guilty to a felony drug charge, your life will be automatically harder when you return to society.
3. Most of the time, plea bargains are desired by all parties
A plea bargain will avoid a costly, lengthy trial, and that’s why everyone involved – including the judge and prosecutor – usually prefer to offer some type of deal. The courts are always overwhelmed with cases, and when cases can be resolved through a plea deal, it reduces the strain on the court. It works out in everyone’s favor, especially since jury trials can be unpredictable.
4. A guilty plea might guarantee you the maximum sentence
Even if you don’t get offered the chance to plead guilty to a lesser charge, you might still avoid harsh penalties if you don’t plead guilty. Depending on the details of your case, pleading guilty could be the fastest way to get handed down the maximum sentence allowed by law.
Courts are under no obligation to reduce your sentence when you plead guilty. Although, sometimes courts are lenient with first-time offenders if the drug charges they’re facing aren’t too serious. However, if you’re a repeat offender, or there are serious circumstances involved in your case, you might not be so lucky.
5. A guilty plea eliminates your right to a jury trial
You have a legal right to a trial by jury, and pleading guilty will skip the trial and your sentence will be handed down by the judge. This isn’t necessarily a pro or con, since there’s a chance you might be found not guilty by a jury. However, there’s also a chance you will be found guilty, and trial sentences tend to be between three and 10 times higher than plea sentences for the same crime.
Your lawyer knows best
Drug charges are serious, and that’s why you need to listen to your attorney and take their advice. Your lawyer knows what’s best for you based on their experience with similar drug-related cases. Heed their advice for the best possible outcome for your case.