3 Common Defenses Used By Drug Crime Defense Attorneys
When facing drug crime charges, the legal landscape can be complex and overwhelming. However, skilled drug crime defense attorneys are well-versed in crafting effective strategies to protect their client's rights and interests. Three common defenses that these attorneys may employ to secure favorable outcomes in drug crime cases are explored below.
1. Lack of Knowledge or Intent
A common defense strategy employed by drug crime defense attorneys revolves around establishing that the defendant had no knowledge of the presence of drugs or illegal substances. This defense hinges on demonstrating that the accused was unaware that the drugs were in their possession or that they had any intention of engaging in illegal activities.
Proving a lack of knowledge or intent can involve presenting evidence such as surveillance footage, witness testimonies, or expert opinions. Establishing that the defendant had no awareness of the drugs can weaken the prosecution's case and potentially lead to reduced charges or even a dismissal.
2. Unlawful Search and Seizure
The Fourth Amendment protects citizens and limits searches and seizures completed by law enforcement. Drug crime defense attorneys often challenge the validity of searches and seizures carried out by police officers. If it can be proven that the search was conducted without a proper warrant or that it violated the defendant's constitutional rights, any evidence obtained through that search may be deemed inadmissible in court.
Attorneys have the right to raise concerns about the circumstances surrounding the search. This includes assessing whether the police had probable cause to complete the search in the first place or whether the defendant's rights were violated during the process. Successfully arguing an unlawful search and seizure defense can significantly weaken the prosecution's case and may lead to the exclusion of crucial evidence.
3. Chain of Custody Issues
Maintaining the integrity of evidence is crucial in drug crime cases. One strategy used by attorneys to defend their clients is raising questions or concerns about the chain of custody. The chain of custody is basically what happens to the evidence from the time it was collected to the time it was presented in court
Attorneys may question the proper handling of seized substances, potential contamination, or mishandling of evidence by law enforcement or forensic experts. By doing this, they can cast a shadow of uncertainty on the accuracy of the evidence. This may weaken the prosecution's case and leave jurors with doubt as to whether the defendant is guilty or whether the state proved its case
Drug crime defense attorneys employ a variety of strategies to protect their client's rights and achieve the best possible outcomes. By utilizing defenses such as lack of knowledge or intent, challenging unlawful search and seizure, and addressing chain of custody issues, these skilled legal professionals work diligently to navigate the complexities of drug crime cases and ensure that justice is served. If you are looking to hire a drug crime defense attorney, schedule a consult with Gary L. Morris Attorney at Law today.
