Drug charges—of any type—are always a serious matter. Since most drug charges can end in a conviction, you’ll need an attorney who knows what the state will go through to get it.
How can you defend yourself against a drug charge in Raleigh? Here are some ways an attorney can offer a defense:
· Illegal search and seizure—the Fourth Amendment guards all citizens from being searched for no reason, and requiring probable cause. Generally, authorities need a search warrant to search your home, but in a car, drugs in plain view of the officer are an exception. But if your car was searched without a warrant or without your consent, your Fourth Amendment rights may have been violated. The drugs would then be inadmissible in court, and the charges will likely be dropped.
· Proving possession—the state must prove that any illegal substances found actually belonged to you. For instance, if you were riding in a car with a number of people, proving possession will be more difficult. Being near the drugs may not be enough to convict, and a defense attorney can cast doubt on you being in possession.
· Proving that it was drugs—a “mysterious white powder” must be analyzed by a crime lab to determine whether it’s baking soda, over-the-counter medication or an illegal controlled substance. If it isn’t, your attorney can argue that there’s no way to prove that the “powder” was a controlled substance or not.
· Where are the drugs?—a defense attorney can require the prosecution produce the substances in question that are being used to bring you to trial. If the prosecution doesn’t keep track of what the police recovered, and can’t produce the evidence at trial, your attorney will have a strong case to have the charges dropped.
· Planted drugs (aka “entrapment”)—it’s not unheard of for an individual to “plant” drugs on an innocent individual, including the occasional law enforcement officer. While this scenario is rare, your attorney can raise this defense if there is evidence that points to the possibility that someone had the motive. The prosecution is then required to prove that the substances were not planted and belonged to the defendant.
An attorney who understands drug charges, the court process and how to create a strong defense is your best chance of success in the courtroom.
Your Drug Charge Defense Attorney
Offenses involving any form of drugs—from a small amount of marijuana to a saleable quantity of anything else—can land you in jail. Drug charges can ruin your life forever, even if you’re innocent. Don’t plead “guilty” just because you think you should. Find a drug charge attorney who will fight for your rights.
Whether you’re charged with a misdemeanor or a felony, your defense is critical to the outcome. A criminal defense attorney experienced in drug cases can defend you in court and make sure your rights are protected. Dewey P. Brinkley is a former Wake County prosecutor who will prepare a strong defense and make sure you receive a fair trial under the law.