If you or someone you care about has been charged with drug possession in Arkansas, the uncertainty and fear can quickly take over. You want real answers about what the future might hold and a defense that doesn’t just go through the motions. At Nelson & Marks PLLC, we bring over a decade of trial experience and the perspective of former prosecutors to every case. With us, you work directly with seasoned attorneys who have helped people in situations just like yours—focused on real solutions, like getting charges dismissed depending on the facts and law involved in your case.
What Prosecutors Must Prove for a Drug Possession Conviction in Arkansas
For a conviction for drug possession in Arkansas, the prosecution must show beyond a reasonable doubt that you knowingly possessed a controlled substance. This involves proving two key points: First, that the substance in question is actually an illegal drug under Arkansas or federal law; and second, that you had ownership or control over it—either as “actual possession” (found directly on your person) or “constructive possession” (in a place over which you had control).
Knowing possession goes beyond mere proximity. Prosecutors need to build a clear connection between you and the controlled substance. If drugs are found in a shared car or living area, they must show more than just your presence—they need to tie you specifically to the drugs, such as through fingerprints on packaging or direct admissions.
The law also requires the prosecution to rule out any valid defenses. For instance, if you had a valid prescription or if the evidence was obtained in violation of your rights, this could defeat the prosecution’s case. Because every case is different, an experienced legal team can carefully examine the details to find opportunities for dismissal, especially when the government’s evidence is lacking.
Can Drug Possession Charges Be Dismissed in Arkansas & Under What Circumstances?
Drug possession charges in Arkansas can be dismissed, but only when specific legal or procedural problems come to light. Courts may grant dismissals if there’s not enough evidence or if the prosecution cannot legally tie you to the alleged offense. Dismissal often hinges on the initial police work—if there are flawed procedures, violations of your rights, or missing key elements required for conviction, your defense may be able to end the case before it goes to trial. Constitutional violations are another leading cause of dismissal. If officers conducted a search or seizure without proper cause or failed to follow state and federal guidelines, the court may suppress evidence—leaving the prosecution with little basis to proceed.
How Police Mistakes & Unlawful Searches Contribute to Arkansas Drug Charge Dismissals
Police errors frequently provide the strongest grounds for dismissal of drug possession charges in Arkansas. All law enforcement officers must respect your constitutional rights during searches, traffic stops, and arrests. If police searched you or your property without a valid warrant or probable cause, your defense attorney can move to suppress any evidence found during that search—as the law forbids use of illegally obtained evidence in court.
Improper traffic stops are a common source of police mistakes. Officers must have clear, lawful reasons for stopping your vehicle. If they pull you over without valid suspicion and find drugs as a result, your lawyer will argue to keep that evidence out of court. Video evidence or inconsistencies in police testimony can often reveal these mistakes—these are details our team reviews from day one.
How Prosecutorial Discretion Can Result in Dropped Charges
The role of the prosecutor in Arkansas drug possession cases is crucial. Prosecutors decide which charges to file, reduce, or dismiss, and their choices hinge on multiple factors—the strength of evidence, your criminal history, the type and amount of drugs, and community circumstances. An experienced defense attorney brings these issues to the prosecutor early and persuasively, encouraging reconsideration of whether pursuing the case is justified.
When attorneys know how prosecutors think—especially those who have served on both sides—they build stronger cases for dismissal. They know which types of weaknesses tend to prompt further review and what facts or documentation to emphasize. Our clients benefit from direct negotiation by attorneys who understand what matters most in prosecutorial decision-making in Arkansas courts.
Pretrial Diversion & Alternative Programs for Dismissal of Drug Charges
For some Arkansas residents facing drug possession charges, pretrial diversion or alternative sentencing programs offer a path to dismissal that avoids conviction. These programs, often offered to first-time and non-violent offenders, require participants to complete substance abuse education, perform community service, undergo random drug testing, and stay out of trouble for a specified period. When all program requirements are met, prosecutors may move to dismiss your case, wiping away the charge from your record.
Eligibility for diversion depends on the substance involved, your criminal history, and the facts of your arrest. The process may require upfront admission of responsibility, but successful completion means the charge is dismissed. However, the dismissal does not automatically erase your arrest record—additional steps must still be taken for expungement. Each Arkansas county may have slightly different program specifics, so an attorney familiar with your local court is invaluable for navigating this option.
How Drug Type & Quantity Affect Your Chances For Dismissal in Arkansas
The classification and amount of drug involved in your case significantly affect dismissal opportunities. In Arkansas, offenses involving small quantities of marijuana often have more pathways to dismissal or reduction than those involving harder substances like methamphetamine, cocaine, or prescription pills without a valid prescription. Courts and prosecutors may be more open to diversion or treatment options for those caught with minor amounts of marijuana, especially for first-time offenses.
Bigger quantities or controlled substances classified as Schedule I or II can bring stiffer charges—sometimes including possession with intent to deliver—which heighten the stakes and generally reduce the likelihood of outright dismissal. However, when defense attorneys spot errors in the handling of evidence or policing, even felony-level charges can be challenged and potentially dismissed based on procedural or legal errors.
What Steps to Take Immediately After a Drug Possession Arrest in Arkansas
The moments after a drug-related arrest are critical. The first thing to do is exercise your right to remain silent. Avoid discussing details with police or anyone else until you have spoken with a defense attorney. Anything you say can and likely will be used later in your case. Asserting your right to an attorney is essential—this prevents officers from continuing questioning you and protects your interests from the outset.
Collect and document every detail you remember from the encounter:
- Who was present at the time of arrest or search?
- What did the officers say and do, including reading of your rights?
- Were there any witnesses or cameras nearby?
- Did police display a search warrant, or claim a reason for not needing one?
- When and where did each event occur?
How Repeat Offenders & Prior Convictions Impact Dismissal Options
If you have prior convictions or a history of drug-related offenses, prosecutors and judges scrutinize your new charges more closely. Repeat offenders face more barriers to diversion programs and increased difficulty in negotiating dismissals compared to people with clean records. Prosecutors often view prior offenses as indicators of risk, so they are less likely to offer leniency without a strong defense or compelling story of personal change. Even so, each case is unique. Factors like the nature of past convictions, the time that has passed, your actions since previous cases, and current rehabilitation efforts can impact prosecutorial and judicial decisions.
Key Evidence to Gather for a Dismissal-Focused Defense
Comprehensive evidence is essential in building a defense aimed at case dismissal. Immediately start gathering and organizing any pertinent documents—court notices, receipts, written communication, or physical evidence tied to the arrest. Share detailed accounts of the incident, including anything that may show an unlawful search or lack of control over the drugs. Because everything you recall can impact your defense, keep detailed notes while memories are fresh.
Identify and contact any witnesses who were nearby or who may have information about other people’s access to the location where drugs were found. Eyewitness testimony or security footage can contradict police narratives or confirm procedural missteps, boosting your position in court. Your attorney may be able to subpoena phone records or public camera footage to support your account of events.
Can You Expunge Your Drug Charge Record After Dismissal in Arkansas?
After your case is dismissed, your criminal record may still show the arrest or charge. In Arkansas, you may qualify to have your record expunged, meaning most public records related to your case are cleared. Expungement is a legal process that typically requires you to file a petition, provide documentation, and sometimes attend a hearing in court. Having an arrest or charge wiped from your record can make a significant difference when applying for jobs, housing, or education.
Expungement eligibility depends on several factors, including the reason for dismissal and your criminal history. Some dismissed charges can be expunged almost immediately, while others require waiting periods or may be excluded due to prior offenses. The process can vary from county to county in Arkansas, which is why experienced legal guidance matters. We inform our clients about their expungement options as soon as a dismissal occurs and assist with filing, follow-up, and court representation as needed.
When to Contact an Arkansas Drug Defense Attorney
Timing can dramatically affect your options in any criminal defense case. Contact a qualified defense attorney as soon as you are aware of an investigation, are arrested, or receive a summons to court. Delaying can mean missed opportunities for evidence gathering, witness contact, or pretrial motions for dismissal that need to be made early in the process. Prompt action preserves your rights and opens up more paths for challenging the prosecution's case.
Work with attorneys who provide direct access and open communication, so that you have developing case information in real time. At Nelson & Marks PLLC, we ensure you work directly with Jonathon Nelson, Thomas Marks, and our core team from the first call to the last court date. You will not face layers of staff or uncertainty about who is fighting for you—your case is personal to us.
If you or a family member have questions about drug possession charges, need strategic legal advice, or are unsure about the next step, reach out to us at (479) 202-4541.