Building an Arlington Drug Possession Defense
Before building an Arlington drug possession defense, it is important for individuals to protect their rights. The first thing a person should do is avoid incriminating themselves or consenting to anything without an attorney.
You are not going to be able to talk yourself out of a charge or a conviction. Once the police have determined they are going to arrest you, then you are probably going to get arrested and the chances of you talking law enforcement out of it are slim to none. Instead, you should contact a qualified drug attorney that could devote the time and resources necessary to build your case.
Importance of Knowing Your Rights
One should know their rights. Most people do not know that they have the right to deny consent to searches, or that they do not have to speak to law enforcement or answer their questions. Individuals should also know that most of the time, whatever they do could make the Commonwealth’s case against them stronger.
Individuals should also contact their attorney. Especially one who is familiar with the landscape of the jurisdiction in which an individual is in, who understands the law but also understands the individual that they are going to be working with in order to make sure that that individual gets the best advice when determining what is going to happen to that individual’s future.
Constitutional Issues in Possession Cases
The Fourth and Fifth Amendment are huge when building an Arlington drug possession defense. The Fourth and Fifth Amendment are prevalent in most drug possession cases.
A person’s right to be free from illegal searches, right to be free from illegal seizures of one’s person or one’s items, and right to remain silent are consistently challenged in drug possession cases.
Process of Building a Defense
Building an Arlington drug possession defense is a step-by-step process. First, an individual might look into potential constitutional issues. For example, how did the officer search the person and seize the drugs, and did they do so legally? An attorney might wonder if the police had a warrant at all. Then it is important to ask how they intend on using the evidence to prove certain elements.
A local drug lawyer might go through what the elements are. They can look at how the state is trying to establish possession and whether the individual had actual or constructive possession of the drugs. Meaning did the person actually have the drugs on their person or were the drugs found in a car or a house (constructive possession). These elements can change an attorney’s approach to a case.
After doing all of that, the lawyer may examine what can evidence can be used as far as arguments that can be made. Is a defense the wisest decision, or should the individual consider taking a plea deal? Both the person and their lawyer must consider what will put the individual in the best position possible.
Impact of Evidence When Building a Case
When building an Arlington drug possession defense, an individual’s lawyer is going to have to examine all of the evidence. First, the attorney must verify that the evidence still exists and has not been destroyed. The lawyer may also order field tests and laboratory analysis in order to extrapolate meaning from the evidence. When testing evidence it is important to question whether the evidence has already been tested, what it has been tested for, and whether the lab technician doing the testing will be available as an expert witness for trial.
It is also important to look at evidence like the laboratory analysis sheets themselves, witness statements, testimonial evidence, evidence coming from the officer, and evidence coming from the defendant themselves that could be used to show whether they had actual or constructive possession and proving those elements. The defense must think about how the evidence could be used to poke holes in the prosecution’s argument and use those tactics when building a defense.
Necessity of an Arlington Drug Possession Attorney
If you have been charged with possession, it is important to contact an attorney early on in the case because you need to time to begin examining evidence and building an Arlington drug possession defense. A skilled drug possession attorney could conduct their own investigation into what happened, collect the necessary evidence, and work to disprove the prosecution’s argument. Consult an experienced lawyer today and know that you are in capable hands.