Drug Crime Defenses
Some more common drug crime defenses include mere presence, mistaken identity and illegal search. Specifically, you may be able to establish that the person did not “knowingly” possess any drugs or paraphernalia (i.e., “Lack of Knowledge”). Furthermore, it may be demonstrated that what was found in a person’s vehicle or inside their house or apartment was left behind by somebody else (such as a roommate, or somebody who came over to the house at an earlier time).
As far as defending the “use” of such items, you will need to challenge any claims by the Officer of signs and symptoms of drug impairment or whether the Officer could “smell” any drugs in the air. It will be critical to determine what you actually said to the Officers, but also what the Officers are alleging you said.
One of the most common defenses encountered is a “Miranda Rights Violation”. An evaluation needs to be conducted to establish whether any inculpatory (admission of guilt) statements is admissible into evidence is based upon a “Voluntariness” standard. Also, look to see if the admission was coerced from you based on intimidated from the police. If your rights or police procedure was violated that the statement may be suppressed.
Another common defense is the Denial of Right to Counsel. This occurs when a suspect is in custody and requests to speak to their lawyer, but is denied and questioning continues.
Other defenses may include challenging the validity of any search warrant, or whether there were any “forensic flaws” during the investigation of your case. This could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis / “cloning hard drive” procedures; forensic financial accounting reviews; etc.
As always, consult with a criminal defense lawyer for a consultation and possible begin providing a defense to you criminal matter.
