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The Best Austin Criminal Lawyer can decide which defenses might pertain to your case should you be arrested for possession of illegal drugs, either for individual use or with intent to sell, in the event you plead not guilty. Various states deal with the issue of unlawful drugs in various ways, while the federal government has a tendency to have the most stringent drug sentencing regulations. Nevertheless drug possession defenses are rather standard across state lines. A few defenses challenge the stated details, testimony or evidence within the case, whilst others focus on procedural problems , frequently search and seizure infractions.

The following are several defenses to drug possession criminal charges, several much more typical than others:

Illegal Search and Seizure

The 4th Amendment of the United States Constitution guarantees the privilege to due process of law, such as legal search and seizure methods before a charge. Search and seizure challenges are very typical in drug possession cases. Illegal drugs discovered in "plain view," including a auto’s dash panel following a legal traffic stop, might be seized and utilized as evidence. However illegal drugs discovered within the trunk of your vehicle after prying it open with a crowbar, presuming the suspect didn’t provide authorization, can’t be put into evidence. In the event the accused’s 4th Amendment rights had been breached, then the illegal drugs can’t be utilized at trial and the criminal charges usually are dismissed.

Illegal Drugs Belong to Another Individual

A typical defense to any sort of criminal offense arrest would be to merely state that you did not do it. The drug possession equivalent would be to assert that the illegal drugs are not yours or that you simply had no idea they had been inside your apartment, for instance. The Leading Austin Criminal Lawyer will compel prosecutors to establish that the marijuana cigarette discovered within the automobile really belonged to their client rather than another individual within the automobile.

Crime Lab Investigation

Simply because it appears to be crack or Ectasy does not necessarily mean that it is. The prosecution needs to establish that a seized material is actually the unlawful drug it claims it is by submitting the evidence for crime lab analysis. The crime lab analyst then needs to testify at trial in order for the prosecution to prove its case.

Missing Illegal Drugs

The Recommended Austin Criminal Lawyer will make certain prosecutors have the ability to deliver the actual illegal drugs for which their client has been arrested. Comparable to the requirement for analysis by a crime lab, prosecutors who misplace or otherwise don’t have the actual drugs risk getting their case dismissed. Seized drugs frequently are transferred a number of times prior to ending up within the evidence locker, therefore it should by no means be presumed that the evidence continues to exists throughout the trial.

Illegal Drugs Had Been Planted

This might be challenging to establish, because a law enforcement officer’s sworn testimony carries a great deal of weight within the courtroom. Moreover, other police officers might hesitate to blow the whistle on a fellow police officer. Nevertheless, The Recommended Austin Criminal Defense Lawyer might file a motion that, if authorized by the judge, demands the department to produce the complaint file of the given police officer. This file references the names and contact details of those that produced the complaints, who might then be interviewed by the lawyer or his private detective.

Entrapment

While police are free to operate sting operations, entrapment happens when police officers or informants cause a suspect to commit a criminal offense they otherwise might not have committed. If the informant pressures a suspect into giving illegal drugs to a 3rd party, for instance, then this might be regarded as entrapment. Typically, entrapment happens when the state offers the illegal drugs involved.

Do I Need A Criminal Attorney

If you’re arrested for any sort of of these or some other drug related criminal offense you should get in touch with The Best Austin Criminal Attorney as soon as you possibly can. The consequences of carrying out a drug offense may be very harsh, such as actual jail time, in some cases for several years in significant high profile drug cases. Being found guilty for a drug-related crime could not just harm your personal and professional stature, but may lead to actual termination from a good job or even the suspension or revocation of one’s professional licenses. It is not whether or not you’ll acquire an experienced attorney, rather, it is who you’ll obtain to handle your case at your most susceptible time.

Do not let drug charges damage your future. The Top Austin Criminal Lawyer will expertly defend drug charges in the courtroom. If you’re struggling with misdemeanor or felony drug possession charges after having a drug arrest in Texas, safeguard your legal rights and future. Contact the Top Austin Criminal Defense Attorney to schedule a free initial consultation.

§9 · April 8, 2012 · Journal · · [Print]

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