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I sold some methamphetamine and got caught because the "buyer" was a cop. I am not really a dealer. I am 38 and worked as a trucker for 20 years and only did it because I needed money. I was out on disability for a long time after leg surgery, my wife needed expensive medications for a kidney condition, and we have no medical insurance. My company ships pharmaceuticals and fires anyone with a drug conviction. Is there any way to salvage my life?
Perhaps. One strategy is for you and your defense lawyer to mount an all out campaign to win over the prosecutor to give you a break. Time is critical here. You want to do it all before the prosecutor makes the charging decision, if possible. Get dozens of personal recommendations from reputable people. Collect all documentary evidence of your long employment, yours and your wife’s medical woes, educational certificates, awards, and a letter from your boss on company stationery explaining the company policy and their overall satisfaction with your long service otherwise. This last strategy is double edged. Might the company fire you if they even knew of the arrest? Even if so, and even if you were able to somehow “beat the charge,” they are sure to find out one day, so it’s better to face the issue up front.
The prosecutor reviews the police reports and makes a decision what, if any, charges to file. Your best chance is to put your “case” to him before he ever makes that decision. This is why it is always best to go to a lawyer immediately after an arrest. Have your lawyer lay the case before the prosecutor of a good guy who made one mistake. Perhaps the prosecutor will reject the case and not file at all. They are human, after all. More likely, you might eventually get him to agree to let you plead to a lesser NON-drug related offense. Failing this, the same pitch might be made to the judge or a jury, with your lawyer asking them to find you guilty of a lesser offense, like disorderly conduct. Such a ploy would be transparent, meaning that the judge or the jury would know what you did, but wanted to give you a break and pretend that your crime was somehow not drug related.
Though nothing in your question suggests so, there is also a possible defense of duress in rare cases. If someone made you do this by threats, it might be a defense. The bottom line is: hire the best lawyer you can possibly afford, and have him or her analyze every possible strategy.
(Updated August 30, 2007) |
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