Following a drug arrest, police officers discuss the case with prosecutors who determine the charge that should be brought initially against a person. This process is referred to as “papering” a case. When someone is arrested for a drug charge, a papering decision is made.
Sometimes, the defense attorney may lobby the papering office to drop charges because it is clear that the arrest has constitutional issues. Perhaps the police violated the Fourth or Fifth Amendment when searching for and/or seizing the drugs. Sometimes, other considerations may lead to a charge being dropped such as insufficient evidence. Once an attorney is hired by the defendant, they could review the case and see if there are any arguments that can be made to drop the case.