Can You Win Your Drug Case?
There are many factors that will contribute to winning your drug case. Did the police overstep their boundaries? Were you aware of the drugs? A skilled criminal defense attorney will be able to build a case based on the particulars of your situation and is the best first step you can take to beating your drug charges.
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 best thing you can do if you have been accused of a drug crime is to contact a criminal defense attorney. They will be able to review the specifics of your case and build your best defense.
Working 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.
Our mission is to achieve the best possible results for our clients through hard work, attention to detail, and aggressive advocacy, while maintaining the highest level of professionalism, integrity, and ethical standards.
We are committed to providing the most aggressive, professional, and effective representation for our clients accused of crimes to ensure that their legal rights are protected and that the best possible results are achieved. Contact us to discuss the details of your case.