Three Defense Strategies for Californians Accused of Drug Crimes

 Posted on May 11, 2022 in Criminal Defense

A conviction for a drug offense can change your life profoundly. Drug possession, sale or delivery of illicit substances, drug manufacturing, and related offenses are punishable by significant penalties, including jail time. It is important to start working on a defense strategy. Contact a skilled criminal defense lawyer with experience in drug crime cases for help.

Evidence Obtained Unlawfully

Criminal defense attorneys use many different strategies to demonstrate their client’s innocence. Sometimes, defense lawyers seek to invalidate the evidence against the defendant. In drug crime cases, evidence often includes illicit substances, drug paraphernalia, and items used to manufacture or sell drugs, such as scales and large amounts of cash.

If the police did not follow proper procedure when obtaining evidence against a defendant, the evidence might be inadmissible in court. The Fourth Amendment protects individuals against unreasonable searches and seizures of personal property. Police typically need probable cause or a search warrant to search someone’s property. Evidence acquired in violation of a defendant’s constitutional rights may be suppressed, effectively destroying the prosecution’s case against the defendant.

Defendant Did Not Have Control or Access to Drugs

A person does not have to have drugs on his or her person to be charged with drug possession. Police can also arrest someone for drug possession if they had illicit substances in their vehicle, purse, backpack, or other property. However, the prosecution must prove that a person had control over the illicit substance to successfully convict someone of drug possession. If more than one person uses a vehicle or several roommates share a home, it can be difficult for police to prove that the defendant was indeed in control of the drugs found in his or her property.

Procedural Errors and Chain of Custody Problems

Fortunately, we live in a country where police and other government officials must comply with certain protocols when arresting someone, interrogating a suspect, and gathering evidence. For example, suspects must be informed of their Miranda Rights, including their right to remain silent, before being interrogated. If police gather evidence for later use in a criminal trial, they must follow certain procures regarding the chain of custody of the evidence. Procedural errors can weaken the prosecution’s case, and in some situations, increase the chances of a dismissal or acquittal.

Contact a San Jose Criminal Defense Lawyer

If you or a loved one were charged with drug possession, manufacturing, distribution, or trafficking, contact Santa Clara County drug crime defense attorney Cory Fuller for help. Mr. Fuller has over a decade of experience protecting the rights of the accused and advocating fiercely on their behalf. Call 408-234-7563 for a free consultation.

Source:

https://www.history.com/this-day-in-history/the-miranda-rights-are-established