The Fifth Amendment May Not Shield You in Drug Possession Cases, But Ingham County Criminal Lawyer Can
If you are charged with drug possession cases, it’s really difficult to defend your case on your own. However, hiring the best Ingham County criminal lawyer can help you get through this difficult phase. The attorneys have years of experience and expertise in dealing with such cases; they can find several reasons to use as a defense (which a normal person may not be aware of).
A few defenses challenge the details, witnesses, or documents of the case. Some question the laws on drug possession themselves. Others point out procedural problems. Some attorneys argue against drug possession charges by presenting a positive defense, showing they were following the law or that there’s not enough evidence against them.
Let’s talk about several drug possession defenses that a defense attorney may use for a successful case outcome.
Ingham County Criminal Lawyer for Drug Cases
1. Claim “It’s Not Mine”
Criminal attorneys often try to claim that the drugs do not belong to the accused, nor he/she was aware they were in their possession when they were accused of using drugs. The authorities don’t always need direct possession to convict you of drug possession. Prosecutors often need to demonstrate that you had or had access to the narcotics.
A defense lawyer defends throughout the trial that there is no chance you knew about the drugs. However, if drug usage was taken on in your car at the time of your arrest, this may be difficult. Because of this, it’s a good idea to consult with an Ingham County criminal lawyer before making any accusations or disputes with the police.
2. Unlawful Search and Seizure
The United States Constitution’s Fourth Amendment shields people against the state. It is only permissible for authorities to search someone’s person or property under specific situations. Defenses based on drug possession sometimes involve challenges to search and seizure.
Illegal substances found in “plain view” might be taken and used as evidence in a drug case. Examples of plain view include controlled substances or drugs that are taken from cars and fall out of people’s pockets or drugs that are left on dashboards while an officer conducts a legal search.
Some examples of searches that would not be allowed without a search warrant.
• A policeman opens a car’s trunk without the owner’s permission and finds illicit drugs inside.
• An officer of the law enters a residence without authorization or a valid reason.
• A drone may be used to photograph hidden marijuana cultivation by flying over a certain location at a low height.
An Ingham County criminal lawyer will try his best to prove that the police violated your rights. If he successfully proves this, the court will drop the drug charges from you.
3. Ask Crime Lab Analysis
A reputable criminal lawyer may raise concerns about errors or discrepancies in the crime lab analysis report. The defense may invite the crime lab analyst to testify during the trial if there are issues presenting proof of their processes and the type of material discovered in the results, sending the evidence to a crime lab for analysis.
Criminal Lawyer may raise concerns about errors or discrepancies in the crime lab analysis report. The defense may invite the crime lab analyst to testify during the trial if there are issues presenting proof of their processes and the type of material discovered in the results.
4. Custody Problems
The absence of the substances is another justification for drug possession. Drugs discovered after an arrest or during the execution of a search warrant are frequently kept by police in a locker or evidence room. An Ingham County criminal lawyer may raise doubts throughout the trial about whether the drugs that are being used as evidence were indeed obtained from the defendant and not from another case.
This is referred to as an attack involving chain of custody. Other challenges on the chain of custody assert that an improper handling of the drugs by a police officer during an inquiry has occurred. The number of policemen handling the narcotics and the efficiency with which the police document and preserve evidence of this activity will determine how likely it is that this technique will be successful.
5. Entrapment
Sting operations are permitted by law enforcement, but entrapment occurs when agents or police force a suspect into committing a crime they would not have otherwise committed. It is not always entrapment when an undercover cop buys drugs from or sells narcotics to a suspect.
The best Ingham County criminal lawyer can sue entrapment as a defense when law enforcement goes so far as to intimidate or frighten someone into committing a narcotics offense. A drug criminal defense attorney can assist you in navigating this complex legal issue.
Conclusion
To conclude, the Ingham County criminal lawyer can identify weaknesses in the prosecutor’s case. If you are charged with a drug violation, it is in your best interest to get the services of an experienced attorney as soon as possible. They can look into your case and determine if certain details of the criminal code are relevant.
Get in touch with Kareen Johnsons today, and get help from a highly experienced attorney to achieve a successful outcome in your drug case!