Building a drug possession defense in Stafford County involves dealing with many moving parts. One must not only possess an extensive knowledge of the law but must also understand what the prosecution is looking to focus on in these types of cases. These cases are complex in nature and individuals should seek the help of a skilled attorney if charged with this offense.
Contact a lawyer who may be able to provide you with assistance and guidance regarding Stafford County drug possession defenses today.
Constitutional issues have the potential to implicate a drug possession case. The most common constitutional implications relate to the Fourth and Fifth Amendment. It is common for a defense to challenge the arrest and detention of an individual. The defense may try to challenge whether or not the discovery of the drugs was legal and constitutional under the 4th amendment which guarantees that people will not be unreasonably searched or seized.
In addition, very often there are statements that have been made by the accused which the government may seek to use in helping to prove their case. This implicates the Fifth Amendment because if the person was under arrest when the questioning happened and they first must have been given a Miranda warning.
There are two major ways in which skilled attorneys may go about to build a drug possession defense in Stafford County. One way that an attorney may do this involves challenging the government’s evidence. In order to be found guilty of the kinds of crimes, the government has to prove each element of the offense beyond a reasonable doubt. Although the police may have saith that a crime was committed, or if there is evidence that potentially proves the crime was committed, still does not necessarily mean that it is going to be proved beyond a reasonable doubt in court.
The second way a defense lawyer may go about defending this charge is to look for constitutional problems in the government’s/prosecution’s case against the individual being charged. If there has been a violation of rights, the case against the individual charged may become weak or even dropped depending on the severity of the violations.
The number one biggest mistake that people make in drug cases and in every case is talking to the police. Very often people believe that they must speak to the police, that they do not have any choice but to answer their questions, to submit a test or even the consent of searches but nothing could be further from the truth. In many cases, people would be not be convicted but for the fact that they had something in their case where they assist law enforcement when they do not need to.
One of the most common mistakes that people make in drug cases is openly talking to the police. Very often people believe that they must speak to the police, that they do not have any choice but to answer their questions, submit a test, and/or consent to the consent of searches. In many cases, people may not have been convicted if they have waited to speak with an attorney before the police. An attorney may be able to prevent the police from extracting information that they are not entitled to know without the approval of an attorney.
There are numerous factors to be considered. One factor is the strength of the government’s factual case. Another is how easy or difficult it may be for the prosecution to prove their case or if there were any constitutional issues at in point in the case. Looking into these factors may certainly make a difference when defending any type of offense. The defense may also want to investigate the history of the individual being charged, whether there is a record that may make it more difficult to negotiate with the prosecutor or that may cause there to be a more severe penalty if one is ultimately convicted.
In terms of the evidence that an attorney may look for, they may look for any witness evidence, any documents, any physical evidence. Sometimes there may be media such as videos or audio, which is either helpful in defending the case or could potentially complicate the case for the defense. Discovering evidence early may better help the defense in preparing their case, given the fact that they are able to prepare for something they know will come up in court.
Patrick Woolley Attorney At Law