Drug Charges: Beating The Rap
If you've been arrested for either possession or attempt to distribute any type of drug, there is little doubt you'r concerned about your future. While some drug charges are certainly valid, in many cases it can often be a matter of at the wrong place at the wrong time. For people facing these types of charges, the first thing to do is to hire a professional attorney who specialized in these types of cases. While state laws vary, there are a few things to consider that may help you get the charges possibly dropped or lessened.
Was There a Search Warrant?
The US Constitution has certain rules set in place that state all citizens must be treated with due process of law. If your vehicle or home has been searched by the police and any items have been taken, there must have been a warrant issued before they can do this. If there was no warrant issued, that is considered to be illegal search and seizure. In a case such as this, you should notify your lawyer immediately so they can use this as part of your defense.
Were the Drugs Yours?
While it's pretty common for criminals to deny accountability or even blame someone else, there are many instances where the person arrested was actually not the person who the drugs belonged to. If you know for a fact that you were not the owner of drugs or drug-related items, you should tell your attorney who they really belonged to. Your lawyer can assist you in proving that they in fact belonged to someone else.
Is the Evidence Accurate and Available?
Sometimes, police will charge a person with possession of drugs without verifying what the substance actually is. The court must test the evidence to prove that it is in fact an illegal substance. They must then present these lab results to the judge and jury to prove that the item found was exactly what the police thought it was. In other cases. evidence can be lost. If the prosecution cannot provide evidence at the time of trial, it may be thrown out and the charges dismissed. Sometimes drugs that are seized get transferred through the system and misplaced, which can be good for the defendant.
Were the Drugs For Medical Use?
More and more states are now authorizing the use of marijuana for medical purposes. If you've been prescribed marijuana and have the documentation to prove it, this should absolutely be brought up in court. Be sure you have up to date records and a signature from your doctor. If your state allows medical marijuana and you have a prescription, most likely your case will be dismissed.
To learn more about criminal defense attorney's, visit Kassel & Kassel A Group of Independent Law Offices
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