The main responsibility of a criminal defense attorney is to provide representation for individuals charged with numerous kinds of offenses in court. Crimes differ from misdemeanors to felonies and penalties is dependent on the seriousness of the specific crime. When found guilty in a court of law, wrongdoers can be penalized in the manner of minor fines, hours of community service, considerable jail time and in a few cases, the death penalty.
Again, the sort of punishment rendered depends on the seriousness of the crime. Narcotic offenses can be either felonies or misdemeanors. These offenses vary from possession of a controlled substance to large-scale drug trafficking. Numerous states in the US take narcotic offenses very seriously, but specific laws and guidelines governing offenses relating to certain controlled substances are different from state to state.
More often than not, offenses involving narcotics such as cocaine, heroin, PCP, methamphetamine, and LSD are felonies and get grievous outcomes. Here are a few of the most prevailing defenses your legal professional might choose to go for if you find yourself facing possession charges.
Entrapment
Entrapment is said to have occurred when law enforcement officers, directly or indirectly through a tipster, induce a suspect to carry out an offense that he/she would have otherwise not committed. Law enforcement is free to set up sting operations, but entrapment is not appropriate. For entrapment to occur, the drugs in question must be supplied by the state. If your defense attorney can prove that entrapment occurred, you are more likely to walk away a free man.
Planted Drugs
Cases where law enforcement officers are accused of planting drugs on the suspect aren't unheard of. However, an officer's sworn statement possesses a lot of weight in the courtroom, and it may be hard to establish that the drugs were planted. It's even tougher for fellow officers to blow the whistle on a coworker.
However, that doesn't make it unfeasible to prove that drugs were planted. Your defense attorney can file a motion that supplies you with access to the file containing names and contact details of people who have made complaints against that specific officer in the past. If the judge permits, the attorney will interview the complainants and obtain their testimonies.
Missing Drugs
criminal defense attorney in roseville
A desirable lawyer will regularly ensure that in a drugs possession charge, the district attorney can avail the drugs in question before the court. If a prosecutor lacks the actual drugs, they take the chance of having their case dismissed. A defense lawyer should never make the assumption that actual drugs currently exist during the trial, seized drugs typically get moved a number of times before ultimately finding their way in the evidence locker.
Crime Lab Analysis
If a compound looks like LSD or cocaine, it does not necessarily mean that it is. Similar to the demand for the prosecution to avail the actual drugs, the prosecution must provide proof that the illicit substance is actually what they pronounce it is. The substance is sent out to a crime lab analysis for evaluation. The crime lab analyst is expected to testify at the trial for the prosecution to make its case.
Drugs Don't Belong to You
Saying you didn't do it is a common line of defense when facing any types of charges. When charged with possession of drugs, you could simply say that the drugs do not belong to you. If you have an effective defense attorney, he/she will pressure the prosecution to prove that the drugs found in your automobile belong to you and not any of the other two people in your car.
Violation of the Fourth Amendment Rights
Illegal search and seizure of items in your property or car is a violation of the Fourth Amendment rights. This is the element of the constitution that assures a lawful search and seizure before an arrest is made. If improper drugs are found in plain view, they may be presented in court as evidence. On the other hand, if the law enforcement officer is found to have breached your Fourth Amendment rights when searching for the drugs-- without your permission, the illegal drugs can not be acknowledged as evidence.
Dealing with Drug Possession Charges
Being simply in possession of a controlled drug in the United States is a crime that attracts criminal charges. If you are charged with possession of narcotics, with intent to sell or for personal use, employing a criminal defense attorney can allow you come up with a defense strategy to guarantee nominal sentence or help keep you out of prison. Any of the defenses talked about earlier can help you prevent a prison sentence or even lead to an acquittal.
Again, the sort of punishment rendered depends on the seriousness of the crime. Narcotic offenses can be either felonies or misdemeanors. These offenses vary from possession of a controlled substance to large-scale drug trafficking. Numerous states in the US take narcotic offenses very seriously, but specific laws and guidelines governing offenses relating to certain controlled substances are different from state to state.
More often than not, offenses involving narcotics such as cocaine, heroin, PCP, methamphetamine, and LSD are felonies and get grievous outcomes. Here are a few of the most prevailing defenses your legal professional might choose to go for if you find yourself facing possession charges.
Entrapment
Entrapment is said to have occurred when law enforcement officers, directly or indirectly through a tipster, induce a suspect to carry out an offense that he/she would have otherwise not committed. Law enforcement is free to set up sting operations, but entrapment is not appropriate. For entrapment to occur, the drugs in question must be supplied by the state. If your defense attorney can prove that entrapment occurred, you are more likely to walk away a free man.
Planted Drugs
Cases where law enforcement officers are accused of planting drugs on the suspect aren't unheard of. However, an officer's sworn statement possesses a lot of weight in the courtroom, and it may be hard to establish that the drugs were planted. It's even tougher for fellow officers to blow the whistle on a coworker.
However, that doesn't make it unfeasible to prove that drugs were planted. Your defense attorney can file a motion that supplies you with access to the file containing names and contact details of people who have made complaints against that specific officer in the past. If the judge permits, the attorney will interview the complainants and obtain their testimonies.
Missing Drugs
criminal defense attorney in roseville
A desirable lawyer will regularly ensure that in a drugs possession charge, the district attorney can avail the drugs in question before the court. If a prosecutor lacks the actual drugs, they take the chance of having their case dismissed. A defense lawyer should never make the assumption that actual drugs currently exist during the trial, seized drugs typically get moved a number of times before ultimately finding their way in the evidence locker.
Crime Lab Analysis
If a compound looks like LSD or cocaine, it does not necessarily mean that it is. Similar to the demand for the prosecution to avail the actual drugs, the prosecution must provide proof that the illicit substance is actually what they pronounce it is. The substance is sent out to a crime lab analysis for evaluation. The crime lab analyst is expected to testify at the trial for the prosecution to make its case.
Drugs Don't Belong to You
Saying you didn't do it is a common line of defense when facing any types of charges. When charged with possession of drugs, you could simply say that the drugs do not belong to you. If you have an effective defense attorney, he/she will pressure the prosecution to prove that the drugs found in your automobile belong to you and not any of the other two people in your car.
Violation of the Fourth Amendment Rights
Illegal search and seizure of items in your property or car is a violation of the Fourth Amendment rights. This is the element of the constitution that assures a lawful search and seizure before an arrest is made. If improper drugs are found in plain view, they may be presented in court as evidence. On the other hand, if the law enforcement officer is found to have breached your Fourth Amendment rights when searching for the drugs-- without your permission, the illegal drugs can not be acknowledged as evidence.
Dealing with Drug Possession Charges
Being simply in possession of a controlled drug in the United States is a crime that attracts criminal charges. If you are charged with possession of narcotics, with intent to sell or for personal use, employing a criminal defense attorney can allow you come up with a defense strategy to guarantee nominal sentence or help keep you out of prison. Any of the defenses talked about earlier can help you prevent a prison sentence or even lead to an acquittal.