As a criminal defense attorney for 25 years, I am often asked what help an attorney can provide when a person is charged with PCS, or possession of a controlled substance. The simple answer is: A LOT!
First, an attorney can help guide you through the process. Judges will often set a relatively high bond depending on the substance found. The reason is that typically a heroin user will get out of jail and reuse, greatly increasing the likelihood of an overdose. An experienced attorney can talk with the Defendant and the family to try to prevent this type of occurrence, which may endanger their life as well as violate their bond conditions. Often, a treatment facility will expedite the release from custody.
An attorney will also review all evidence, evaluate your case and determine if a Motion to Suppress should be filed. Many times an attorney can question the arresting officer at the preliminary hearing before they have had an opportunity to review their anticipated testimony with the prosecutor. Additionally, some prosecutors will not consent to a diversion or other offer if a suppression hearing is held.
An attorney can also evaluate the relative strengths of your case and advise what is a good or bad resolution and what should be an acceptable plea deal if such is warranted. Special consideration should also be taken if there is an allegation of trafficking. If available, an attorney can help you through the diversion process and file for expungement of the charges if the diversion is successful.