Drug possession charges can flip your world upside down. You could be looking at jail time, fines and problems obtaining a job later. And then you think the police fucked up . And the worry builds . But getting arrested doesn’t mean you committed a crime. The charge is against you and the prosecution has to prove it. A drug lawyer will look at that material and try to find weaknesses in the state’s case. Illegal searches, faulty lab testing — the little things can make a big difference. An effective defense begins with rigorous questions about how police identified, confiscated and tested the accused drugs. Platinum Criminal Defense Law Firm helps anyone facing criminal charges know their rights and legal choices. David Benowitz is a veteran criminal defense attorney who has fought for his clients. In court, lawyers often attack proof of drug possession in many ways.
Was the Police Search Lawful ?
One of the first issues to consider is how the officers discovered the purported narcotics. The Fourth Amendment protects persons from unwarranted searches and seizures. Generally, police require a valid warrant or other legal grounds to search a person, automobile or home. Some searches are not covered by the warrant requirement. What counts are the facts. For example, an officer can search an automobile when the law allows a search based on probable cause. A person may also consent to a search. But for consent to be counted, it must conform to legal norms. The narcotics lawyer reads the police report, body camera footage, and witness testimony. If the search was illegal, the lawyer could urge the judge to exclude the evidence from court. That request is known as a move to suppress. If important evidence is not admitted, the state may have difficulty proving its case.
Is there a good reason for the police to stop you?
It could start with a traffic stop or a street encounter. Police require grounds for some stops and searches. A lawyer will look at what the officers knew before they stopped you. Did they notice a traffic violation? Did they have facts that suggested a crime? Or did they take a risk? It makes a difference. The police don’t always have the right to halt someone because of a hazy intuition. A lawyer can double check officer statements with video footage and other records. If the facts don’t support the stop, the defense can question what the cops later found. But a bad halt doesn’t necessarily kill a case. “The judge has to look at the facts and apply the law.”
Can the police prove the drugs were yours?
Just because drugs are near somebody doesn’t mean they own them. This problem is common in cars, shared homes and places with multiple people. The law may allow a charge of possession without evidence of ownership. In many circumstances the state has to prove that you knew about the drugs and that you had control over them. Picture police discovering a bag of drugs beneath a car seat. There were three occupants in the vehicle. Who knew the medications existed? Who was running them? A lawyer can help you dispute the state’s assertion that the narcotics were yours. Your defense can be that other persons had access to the location or that you knew nothing about the objects. These facts can work against the case. The state still requires sufficient evidence to establish the charge beyond a reasonable doubt.
Were the Right Drugs Tested?
The police can take away a substance that they think is an illicit drug. But an officer’s belief alone may not establish what the drug is. Lab tests and reports are typically crucial in drug prosecutions. A defense lawyer can mine those documents for errors or gaps. The lawyer may ask questions like:
- Did the lab utilize a way of testing for sound?
- Was the sample taken by trained personnel?
- Is the test confirming the charge?
- Could the sample have been contaminated or damaged?
- Is the report consistent with what was in the police file?
A lawyer can look at the test techniques and findings of the lab technician. If the results are poor or unreliable, the defense may question whether they show the substance was prohibited . Not all lab errors make evidence unusable. The judge will look at the problem and decide what the law will allow.
Has the Evidence been Handled and Stored Properly?
When narcotics are seized, the police have to document and process the suspected substances. Records often indicate who collected, transported, tested and stored each sample. This record is called the chain of custody. It helps prove that the item tested in a lab is the same one police took. What if there is a gap in the records? What if the package seal is broken or the sample label does not match the report? A lawyer can check for such difficulties and inquire how they would affect the case. The defense may claim that the evidence does not reliably support the charge. A gap in the chain of custody doesn’t automatically indicate the court won’t let the evidence in. The seriousness of the matter and whether it raises a real doubt about the sample are considerations of the judge.
Can the police use what you say against you?
Statements made at the time of arrest might play a big part in a drug prosecution. The police can say you told them you knew that the drugs were there or you were in control of the drugs. A lawyer examines how the officers received those remarks. The Fifth Amendment prohibits compelled self-incrimination. Police questioning of a person in detention might also trigger Miranda rules. A lawyer may object to the use of specific remarks if the officers did not give required warnings. And the same may be true if cops employed threats or illegal means. But not every remark made without a Miranda warning is barred from court. The restrictions vary depending on how, when and why the statement was made. The best thing to do is to ask for a lawyer and not talk about the case to the police. Don’t lie or try to create a story to account for the situation.
What happens when the evidence is weak?
The lawyer will look at the case and then decide what the next move should be, depending on the circumstances. The defense can challenge a search, challenge a witness, challenge lab results or try to exclude evidence. Sometimes a lawyer will ask a judge to dismiss a charge. In some, the defense will negotiate a deal with the prosecutor or prepare for trial. No attorney can promise a certain result. One piece of evidence may be contested but the case may proceed. A good Criminal Defense Lawyer can outline the benefits and hazards of each strategy. The point is to defend your rights and to make sure the state obeys the law.
How a Platinum Criminal Defense Law Firm Can Help You
Drug possession cases require a careful examination of the facts. A lawyer can look at the search, arrest, lab data and the claims of the police. Platinum Criminal Defense Law Firm. We defend clients accused of crimes. David Benowitz is Martindale-Hubbell AV rated, has a 10 rating from Avvo and is a member of the National College of DUI Defense. He is also listed on the firm’s website as a faculty member of Harvard Law School’s Trial Advocacy Workshop. If you are charged with drug possession, you should contact a lawyer immediately. Keep any court papers and give your lawyer any information that is pertinent. Don’t talk about the case with anyone who might be a witness or write about it on the internet. A charge is not a conviction. The evidence has to be legally sound and you have the right to challenge it.
Questions & Answers
1. If police searched me improperly, may they withdraw a drug possession charge?
Short answer: Yes, in some situations.
Detailed answer A lawyer may petition the court to exclude evidence that was collected in an illegal search. If a court tosses out significant evidence, the prosecutor may not have enough evidence to move further. The question relies on the facts and the law that applies.
2. What if the narcotics had been found in a regular automobile or house?
Short answer: The state must still prove the requisite elements of possession.
Detailed answer: A lawyer may claim that others could have been in the area, or that you were unaware of the presence of drugs. Being close to drugs, by itself, does not show possession. The court will look at all the evidence.
3. Can a lawyer question a drug lab test?
Short answer: Yes. Lab results can be examined and challenged.
Detailed answer: A defense counsel may look at the testing process, the lab’s records, the sample tags and the staff’s findings. If the result is seriously flawed, the lawyer may ask whether the test shows the substance was prohibited.
4. What is the chain of custody in a drug case?
Short answer: It is the log of the evidence handled from collection to the court.
Detailed answer: This information is used to verify that the tested sample is the identical thing police collected. Missing records or evidence of tampering may cast doubt on its veracity. A gap does not automatically indicate the court will exclude evidence.
5. Do I need a drug lawyer before my first court date?
Short answer: Yes, you should consider getting legal assistance as soon as you can to protect your rights.
Detailed answer: A lawyer can look over the charge, tell you what will happen in court and point out any problems with the evidence. Getting counsel early might also help you avoid blunders and meet court deadlines.