Drug Charges

Newark, Delaware, Criminal Defense Lawyer for Drug Charges

If you have been arrested on misdemeanor or felony drug charges in Delaware, you face tough prosecutors who have the power of the government behind them. You need a defense lawyer who is knowledgeable and experienced in the ways of drug prosecution and criminal defense.

At the Law Offices of Francis E. Farren, I defend people facing every type of drug charge. I am determined to protect the rights and the freedom of my client. Call me today at 866-603-4647 to schedule a free initial consultation. Or, e-mail me to set one up.

An Experienced Prosecutor and Defense Lawyer

For eight years, I served as a Deputy Attorney General (prosecutor) for Delaware. I know the law and the criminal justice system. But just as important, I understand police work from the ground up, including search and seizure law and the mechanics of drug busts. I know the shortcuts that the police sometimes take and how to challenge weak cases and faulty police work.

As a criminal defense attorney, I defend clients accused of all types of misdemeanor and felony drug charges, including:

• Drug possession, including possession of marijuana, cocaine, heroin, pain killers, ecstasy, PCP, meth and other drugs
• Possession of drugs with intent to sell
• Drug sales or distribution
• Drug trafficking
• Prescription drug fraud

Mitigating the Effects of a Drug Charge

In every case, I look for ways to exonerate my client or obtain dismissal of the charges. Sometimes however, the State's case is strong, and it may make sense to work for a negotiated outcome. In Delaware, if you have no prior drug arrests or convictions, you may qualify for Drug Diversion/Track II, which can result in no conviction going on your record and no jail time, provided you comply with rules set by the court. I understand these programs and how to minimize the effect of a drug charge on your life and your future.

My experience as a prosecutor and a defense lawyer has taught me when to negotiate and when to fight. Aggressive and assertive, I always work to obtain the best outcome possible, to protect my clients' rights and to preserve their freedom. Whether you were caught up in a drug bust or charged with an amount of marijuana as a college student, I am committed to protecting your rights.

For a free initial consultation at the Law Offices of Francis E. Farren, call me toll free 866-603-4647 or locally at 302-294-0331 — or contact me online.

Drug Court Diversion Programs

If you are charged with a drug related offense (with the exception of "Trafficking"), and you have no prior drug history, you may be eligible to participate in the Drug Court Diversion Program ["Drug Court"] either in Superior Court or the Court of Common Pleas.

If you enroll in the Drug Court, in lieu of being prosecuted for the drug charges, you will instead be referred for substance abuse counseling and treatment, which will include frequent urinalysis testing. If you successfully complete the counseling and treatment, all charges against you will be dismissed. Thereafter, if you have no other criminal convictions on your record at that time, you may apply to get the drug- related arrest expunged from your criminal record immediately (Court of Common Pleas), or after 3 years (Superior Court).

The process of Drug Court is a little different in each Court:

Superior Court

You will initial each page of the police report indicating that the contents are accurate. If you are terminated from Drug Court, instead of having a formal trial, the judge will simply read the contents of the police report and if there is enough information in that report to convict you, the judge will enter a judgment of conviction against you and sentence you accordingly.

Court of Common Pleas

You will sign a plea agreement on the day you enter Drug Court. The plea is then set aside (and not entered). If you are terminated from the program, that plea is the pulled out and a judgment of conviction is entered against you and you will be sentenced accordingly.

Whichever Drug Court program you enroll in, you can expect to pay a civil penalty assessment of approximately $200.00. This fee must be paid in full prior to "graduating" from drug court.

Finally, if you are terminated from Drug Court because you refused to comply with treatment, you will STILL be ordered to complete that treatment when the judgment of conviction is entered against you!!! So, it would surely be in your best interests to complete that treatment while in the Drug Court Diversion Program rather than while serving a probation term after being convicted of the drug charge(s).