Can a defendant plea bargin in a drug case?

Plea bargaining, which involves negotiating with the prosecutor to get the charges reduced and the punishment minimized, is allowed in drug-offense cases. For example, a person charged with three separate drug charges-possession, possession for sale, and transportation of drugs-may be able to negotiate the charge down to simple possession in exchange for an agreement to plead guilty to that charge. The prosecutor agrees to plea bargains in appropriate cases because the government simply does not have adequate resources to try every case, so both sides benefit from the bargain.

A plea bargain may involve probation or pen time. While avoiding prison is the goal of all criminal defense when the charges are very serious, I may be able to negotiate a plea bargain for the minimum jail sentence. For some clients, jail is preferable than up to 10 years on probation.

Drug treatment may be a condition of probation. Be prepared to consider residential treatment if you are accused of multiple dope cases.

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10.0Katheryn H. Haywood
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