How Drug Possession Attorneys Fight Felony Charges
When someone is found in possession of an illicit substance, they are frequently taken into custody and charged with a felony. A criminal conviction is not usually the result of drug possession. The first question drug possession attorneys respond to is if the drugs in question were the result of an authorized or unauthorized search.
Evidence that was collected unlawfully by police enforcement during a search of a person's home, vehicle, or person must be suppressed.
The exclusionary rule, as it is also known, essentially prohibits police from taking advantage of someone's constitutional rights. When the Fourth Amendment rights of a criminal defendant are violated, the evidence gathered by the authorities cannot be used against the defendant.
The lack of evidence that the substance in question is actually an illicit narcotic is another reason why people accused of drug offenses are found not guilty. The substance is frequently tested in a crime lab after the government sends it there for a field test. Drug samples can occasionally go missing, the equipment can become out of calibration, or samples can accidentally be destroyed.
In these situations, the defense lawyer might be able to withhold the test results, leading to the client's acquittal by arguing that the government was unable to establish beyond a reasonable doubt that the substance collected was in fact an illicit narcotic.