Can You Win Your Drug Case?
If you have been arrested for drug use, possession or sales in Arizona, you may have an uphill battle defending the charges. Drug charges are very serious matters in Arizona. However it is still possible to build a strong defense case and win.
There are many factors that will contribute to winning your drug case. Here are some questions to ask yourself:
Did the police overstep their boundaries? This is more of a legal question because the average person probably isn’t aware of what the police can and cannot do.
Were you aware of the drugs? For example, say you were driving a car that you own, and your friend or relative decided to stash some illegal drugs away without your knowledge. If you were pulled over and a police dog found those drugs, it is obvious that you would be held accountable for them. But the police don’t know the whole story. That’s why we have a court of law to decide those things.
There are a number of defenses that could apply to your situation. Below we discuss a few of them.
For you to be found guilty of a possession charge, there must be evidence that you knew that the items found were drugs and/or paraphernalia. So if you did not know about the drugs, your criminal defense attorney might want to build his or her case around that fact.
Were all the correct steps followed during the arrest?
The Miranda warning which was decided in the U.S. Supreme Court’s Miranda v. Arizona decision, requires that an officer must make a person aware of certain facts prior to questioning him or her during an arrest. It must be conveyed prior to an interrogation that:
“You have the right to remain silent.
If you do say anything, it can be used against you in a court of law.
You have the right to have a lawyer present during any questioning.
If you cannot afford a lawyer, one will be appointed for you if you so desire.”
Remember that police or other law enforcement officers must have a warrant to enter into your home or business. This is crucial as for many drug cases, evidence of drugs and/or paraphernalia is found as the result of a search. Demand to see the warrant. If they have a search warrant, you cannot stop them from entering and searching your home or business. Do not answer any questions and request to contact an attorney. If the search is conducted in an improper manner, or in a way that violates your constitutional rights, then certain evidence may be prohibited from being admitted into evidence at a hearing or trial. This can result in the prosecution being unable to proceed with its case.
The first thing you should do if you have been accused of a drug crime is to contact a criminal defense attorney. Those types of lawyers usually provide for a free consultation so be sure to go to one where you don’t have to pay for that. In case things don’t work out, you won’t have any out of pocket expenses. The attorney should only consider taking your case if he or she feels there is a strong chance of winning.
During the consultation the attorney will ask you questions about what happened. Be sure to answer all of the questions to your best ability and be 100% honest with your answers. Due to client/attorney privilege and generally speaking, the attorney cannot tell anyone what you told them if it happened in the past. The attorney will then be able to review the specifics of your case and help build your best defense.
What it’s Like to Work With Ferragut Law Firm
The Ferragut Law Firm is a top rated criminal defense law firm based in Phoenix Arizona. We are dedicated exclusively to the practice of criminal law in all state, federal, and city courts throughout the State of Arizona.
Your case is of utmost importance to us and you will get the best results possible through our experience, hard work, attention to detail, and aggressive advocacy. You will be treated as you should be and will never be talked down to or made to feel badly for any reason because we maintain the highest level of professionalism, integrity, and ethical standards always.
Your case will be represented personally by Mr. Ferragut and will never be represented by a less-experienced junior lawyer.
Your legal rights will be protected and advocated for over the course of your case by Mr. Ferragut. He and the entire firm is committed to providing the most aggressive, professional, and effective representation for the accused crimes. Feel free to contact us to discuss the details of your case in a no-cost consultation.