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When do prosecutors pursue criminal charges for drug crimes?

There are numerous drug-related crimes being committed throughout the country and El Paso, Texas is not exempt. These include a wide range of criminal charges such as possession of drug paraphernalia and drug possession, to drug manufacturing and drug distribution or trafficking. All drug charges can have serious consequences.

Prosecutors typically decide to pursue criminal charges when there is sufficient evidence to garner a conviction. This evidence may be gathered at a routine traffic stop or through the use of a search warrant where a federal drug crime is suspected of being committed. The decision to prosecute is not always clear cut for the prosecutor and is sometimes a matter of personal discretion. Whether they decide to press criminal charges or not is usually dependent on whether or not there is sufficient evidence to prove the case should it go to trial.

On the other side of the coin, there are reasons why a prosecutor may decide not to press charges for drug crimes. Insufficient evidence is the most likely reason charges will not be pursued, but it can also depend on the victim of the crime. For example, if the victim of a crime makes a request for charges to be dropped, the likelihood of prosecution is minimal. Proper legal representation working on behalf of the defendant can also mitigate the chance of prosecution.

Defendants who seek legal counsel in the early stages are more likely to achieve a positive resolution. Prosecutors recognize steps such as participation in drug diversion programs and an experienced criminal defense attorney can help you enroll in these types of programs. If the case does proceed to trial, a criminal defense attorney will also ensure that you are fully prepared.

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