When you are facing marijuana or drug possession charges, there are many different strategies that can be employed by your defense attorney to ensure you get the best results possible. First and foremost, your defense lawyer’s job is the protection of your constitutional rights. Your right to be treated fairly and with constitutional integrity while in the criminal justice system is known as your right to “due process”. If any of your rights are violated throughout the criminal process, the charges against you could ultimately be dropped.
One of the most common situations that lead to dropped charges is the invalidation or suppression of evidence due to an illegal search. If it’s found that the evidence against you was seized in a manner that violated your rights, your attorney will file a pre-trial motion to suppress that evidence, or keep it from being admitted at trial.
Motion to Suppress – Illegal Search
Under the 4th Amendment of the Constitution, you are protected against illegal searches and seizures. This and several other protections under the Constitution were designed to protect individual rights and to allow the citizens of this country to live without fear of a police state. If the police do not have probable cause or a warrant, they cannot search you, plain and simple. There are other variables that could designate a search as illegal and your criminal defense lawyer can help you determine if, in fact, the police violated your rights during the search.
When your attorney files a motion to suppress evidence, the judge will examine the reasons behind the motion and determine if your attorney’s request is legitimate. If so, the evidence can be suppressed or ruled inadmissible.
In marijuana or other drug possession cases, the physical evidence is often the “meat” of the prosecutor’s case against you. Without it, there case may be significantly damaged. If they feel they cannot prove your guilt without the evidence, the charges may be dropped.
Motion to Suppress Statements
The same strategy can be used in suppressive eyewitness testimony or even to suppress statements that you made while under unlawful arrest. For instance, if the police do not inform you of your right to an attorney or your right to remain silent, the statements you make when interviewed could be suppressed. Again, your rights are paramount in the justice system and any violations of these rights could be grounds for your attorney to file a motion to suppress.
The logistics of evidence suppression and when such motions are appropriate are within the skill set of an aggressive criminal defense lawyer. Just how such circumstances may play into your case depends on the specifics of your situation.
Although you might feel you were treated unfairly by the police, the laws are very specific on what cis considered “fair”. It is a primary concern of any defense lawyer that their clients be treated fairly in a court of law and that their rights are protected as well. They can examine the facts of your case and just how the investigation and arrest unfolded. If there’s reason to believe the evidence against you is tainted in any way you want to be able to trust that your attorney will do whatever’s possible to get that evidence suppressed.