How Can a Criminal Lawyer Help Counter Drug Charges

How Can a Criminal Lawyer Help Counter Drug Charges

March 24, 2021 Off By Glespynorson

If you are convicted of a drug crime, it can become difficult for you to find a place to live or even get a job. Hence, you must have an experienced legal team like by your side to help you counter the charges before it’s too late.

Here is how a professional criminal lawyer can effectively help counter drug charges.

Analyzing the Circumstances of Your Arrest

The criminal lawyer’s very first step is to go back to the beginning and check the probable cause of your arrest. In some cases, there may even be a case of police misconduct during the arrest. Perhaps, the police did not have a search warrant or a legit cause to search you in the first place.

They may have planted the evidence on you or may have trusted an untrustworthy informant. An experienced criminal lawyer knows how to figure out common police mistakes made during the arrest and use them to your advantage.

Checking the Submitted Evidence

The main job of the prosecution is to prove that the confiscated drugs are yours. If the criminal lawyer succeeds at casting doubt on this idea, the case can turn favorable at any time.

For instance, what if other people were using the car or living in the house where the police first found the drugs? In case the police fail to prove that the drugs are not yours, that you consciously knew the drug’s presence, or that you had control over it, then the chances of you being held responsible for the charges become feeble.

Building Strong Defenses

If the criminal lawyer feels that a defense is not sufficient to win your case, he will determine other defenses that might apply to the case.  Some of the defenses may challenge the testimony, evidence, or even the stated facts in the case.

Here are some common defenses a criminal lawyer may work with.

Unlawful Search

The U.S. Constitution’s Fourth Amendment guarantees the right to lawful search and seizure procedure before the arrest. If any of the prohibited drugs are found in plain view, they can be seized and used as evidence.

But, if the police try to pry open the trunk of a car without the owner’s permission and find drugs, it cannot be used as evidence. In any case, if the criminal lawyer finds that the police have violated the defendant’s Fourth Amendment rights, this can be used as a defense to counter the drug charges.

Crime Lab Analysis

Just because it resembles cocaine, it does not mean it necessarily is. The prosecution has to prove that the substance is an illicit drug by getting it analyzed in a crime lab.

The analyst from the crime lab must testify in court for the prosecution to make its case. In these cases, the criminal lawyer can keep the test results out, thereby earning an acquittal for the client.

Medical Marijuana Exception

In American states where medical marijuana has been legalized, the criminal lawyer can use this as a defense for drug possession. If you face drug charges in a state having an exception to the marijuana laws, you may have to submit a doctor’s signed recommendation.

The criminal lawyer may build a defense around this stance and show convincing evidence of the medical necessity to win the case.

Proving That You Are Not Guilty

Regardless of your drug offense, the criminal lawyer will work with witnesses and experts to build a strong defense and counter the drug charges.

From consulting forensic experts, medical professionals, academic experts to taking risks and collecting evidence, the lawyer will find every other way to help prove that you are not guilty of the charges.

If you or anyone you know is charged with a drug crime, it is critical to contact a criminal attorney who will help build a solid defense to get your charges dismissed.