Criminal possession drug charges have serious consequences whether it is for intent to sell or personal use. A criminal drug possession lawyer understands the available defenses if their client pleads not guilty. There are variations in the laws from state to state but the toughest sentencing is usually from the federal government. The defenses are fairly standard and include challenging the facts, evidence and testimony of the case.
One of the defenses used by a criminal drug possession lawyer denver co is called an unlawful search and seizure. Due process of law is guaranteed by the United States Constitution’s Fourth Amendment. This includes the unlawful search and seizure of drugs before the arrest. This is a common defense for a case of drug possession. If the drugs are out in the open, they can be seized as evidence. If the drugs cannot be seen without a thorough search, the suspect much give permission for the search. If the Fourth Amendment is violated, the drugs are unable to be used for evidence and the case is dismissed.
Another defense to drug charges is pleading innocent. This is accomplished by stating the drugs did not belong to the suspect and the suspect does not know where the drugs came from. An experienced lawyer can often prove the drugs did indeed belong to someone else. In some cases, a legal substance can resemble a drug. The prosecution has to send the drug for analysis to a crime lab to prove it is an illegal substance. The testimony of the analyst from the crime lab is required for the case to be made by the prosecution during the trial. If these steps are not taken, the attorney can often have the case dismissed.
An experienced lawyer will make certain the actual drugs can be produced by the prosecutor. If the actual drugs are lost or misplaced, the case may be dismissed. The drugs are generally transferred a few times prior to being placed in the evidence locker. A good attorney will never assume the drugs still exist. The testimony of a police officer is considered extremely important in a court of law. This means they will not turn in another officer. A motion can be filed by a lawyer requiring the officer’s complaint file to be released. The information for the individual who made the complaint is in this file and this person can be interviewed by the suspects lawyer. This defense can be used when the suspect claims the drugs were planted.
It is legal for law enforcement officers to create a sting operation. If the suspect is coerced into committing a crime they may not have by the officers, it is called entrapment. A good example is when a suspect is pressured by the sting operation to pass drugs to another party. This is one type of possible entrapment. A situation is usually interpreted as entrapment when the drugs in question were provided by the state.