How A Drug Crime Defense Lawyer Can Help You

If you've been charged with criminal possession of a controlled substance

, you will need a drug crime defense lawyer to help you fight the charges. While not every defendant chooses to plead not guilty to their charges, if you do choose to go this route you are constitutionally guaranteed a fair trial, judged by a jury of your peers. It is during this trial that you will have the opportunity to defend yourself. It is up to the prosecution to carry the burden of proving your guilt beyond a reasonable doubt, but that doesn't mean you should sit back and relax, even if you are truly innocent. You should have a good attorney working overtime to help your case. Here are some strategies he might use.

Suppressing Evidence

One of the best ways to win at trial -- and perhaps prevent the case from ever going to trial in the first place -- is to file a motion to suppress evidence. It is evidence that the state will need to prove their case. It is a popular strategy, though it rarely works. When it does, however, it can work in a big way. While it may seem unfair to the police and prosecution, it is actually the system working as it should. If evidence is collected in a way that is contrary to the laws we hold dear, it should be thrown out. Your drug crime defense lawyer should make sure illegally obtained evidence is not used against you in court.

Invalidating a Warrant

If the police had a search warrant when they obtained the evidence against you, it will be difficult to argue against the collection of said evidence. That said, a good drug crime defense lawyer will look at that warrant and the circumstances surrounding its issue. If the warrant can be declared invalid, any of the evidence collected at that point will have to be thrown out. One of the ways this can happen is if you can prove that the police had no probable cause to stop you in the first place. It can also be invalidated if you can show that the police used misleading information to obtain the warrant.

Ignorance

Simply claiming that you didn't know drugs were illegal will not be enough to make a successful argument at trial. But if you can prove that you did not know you were in possession of the drugs (a friend stashed them in your car or something to that effect), you may have a way out. This is a common defense, but it is not commonly successful. If your drug crime defense lawyer can bring in corroborating evidence, however, it might convince a jury.

by: Abraham Avotina

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