If you are facing drug charges, then one of the ways to defend yourself is to refute the evidence the authorities are using to build a case against you. The exact strategy depends on different factors, including the circumstances of your arrest and the manner in which the evidence was collected. Here are three examples of strategies that your defense can take:
It Is Self-incriminating
The Fifth Amendment to the US Constitution protects you from being forced to testify against yourself, since that would be self-incrimination. Therefore, if you can prove to the court that the evidence is self-incriminating, then you may succeed in getting it tossed out.
Consider a drug possession case where the police arrest you, and when you request an attorney, they decline and threaten you with dire consequences if you don't answer their questions. If you are forced to agree to possessing a few ounces of a controlled substance, then your statement would be self-incriminating. Prove that this is what happened, and you may get the information dismissed.
The Police Used Unreasonable Search and Seizure
A search and seizure of evidence is deemed unreasonable if it is conducted without a warrant or probable cause. For example, a police officer cannot just barge into your home, rummage through your items, and use the drug paraphernalia that he or she finds as evidence against you in court. The police can only do this is they have a valid warrant or had probable cause (reasonable suspicion of criminal intent) to enter your apartment.
For example, if the officers smell drugs in your house, then the smell may be the basis of their probable cause for searching your house. Proving the officers neither had probable cause or a warrant may help you get the evidence suppressed.
Due Process Was Not Followed
All legal processes should be carried out in a fair and transparent manner according to the letter of the law; this is what is known as due process. If the authorities obtain evidence against you without following due process, then you may succeed in suppressing it.
For example, if the police arrest you, then they should inform you of the charges against you, inform you of your Miranda rights, and not use excessive force against you. If they failed to do this, they did not follow due process, and the evidence should be suppressed.
Criminal defense is best left to professional lawyers. Just because you think the authorities did not follow due process, it doesn't mean that you can successfully prove it in court. Leave it to those who understand the process and have used similar defense strategies before.
Contact a law center like Davidson Law Center Inc for more details.Share