If you have been charged with drug possession, and had drugs either for your own personal use or you intended to sell it, a defense lawyer can decide which defenses may apply to your case, should you wish to plead not guilty. Different states handle the issue of drugs in different ways, but the federal government has the toughest approach to drug sentencing guidelines.
Some criminal defense attorney have challenged the facts of the case, testimony or evidence presented in the case and often search and seizure violations.
The Fourth Amendment to the US Constitution guarantees the right to due process and this includes lawful search and seizure before an arrest. Many times, search and seizure issues are the most common in drug possession cases. Illegal drugs found in open view on the dashboard of a car after a traffic stop can be seized and used as evidence. However, if the police find drugs in the trunk of a car after prying it open with a crowbar and the suspect didn’t give permission for the search, it’s an illegal search and any evidence cannot be used in court.
A skilled criminal defense attorney will be able to make prosecutors produce the actual drugs that the client has been charged with having. It may be hard because seized drugs often change hands through the police officers, crime lab, and others who have contact with the evidence. Additionally, drug evidence often gets transferred many times before it reaches the evidence locker, so it should never be presumed the evidence will still exist by the time a trial rolls around.
If you’ve been arrested for drug possession and charged, you may have several defenses available to you that aren’t clear because you have no legal experience or knowledge. Whether the police used entrapment, illegal search and seizure, or arrested you without reading your rights, a criminal defense attorney Pompano Beach is your best option to explore any possible defenses. Arranging a consultation with a criminal lawyer doesn’t cost you anything but time and it may help you avoid prison time and felony charges that can come back to haunt you.
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