Have you or someone you know been arrested for a drug-related crime? At the Orr Law Firm, we understand how frightening it can be to face charges for possession, manufacturing, or distributing drugs, which is why we are committed to helping clients throughout Colorado defend their rights. In this blog, we explain some of the common defense strategies attorneys use when their clients have been arrested for drug crimes.
Illegal Search & Seizure
The Fourth Amendment of the United States Constitution establishes that all searche and seizure procedures must be lawfully carried out if a suspect is to be taken into custody. Using an illegal search and seizure defense requires you to prove the arresting officer failed to follow protocol procedures when you were detained. A police officer cannot search your trunk or glove box without a warrant or your expressed consent. The exception to this is if the illegal drugs or paraphernalia are out in plain sight. When this occurs, law enforcement can search your vehicle and seize evidence. However, if the officer forces their way into the vehicle to search the trunk or glove box, then any evidence they collect will not be admissible as evidence in court.
Your Vehicle Was Illegally Stopped
If the police didn’t have a valid reason to stop your vehicle, then your arrest might be considered unconstitutional. The same applies to if you stopped while walking down the street. Ask your criminal defense attorney if police had a constitutional reason to stop or arrest you.
The Drugs Aren’t Yours
This particular defense is commonly used in drug crimes cases. Essentially, just because the drugs were present, does not necessarily mean they belong to you. If police find cocaine in your truck, and there are 3 passengers in the vehicle, who is to say the drugs don’t belong to one of them? Because the prosecution must prove beyond a responsible doubt that the drugs belonged to you, this can sometimes be a solid defense strategy.
The Alleged Drugs Can’t Be Located
Often in drug crime cases, the alleged controlled substances is seized and then passed through a chain of command before ending up in an evidence locker. Sometimes there are various reasons the drugs go missing. When the prosecution can’t present the illegal drugs as physical evidence, then your case might be dismissed. Although drugs were present at the time of the arrest, don’t assume that the drugs will still exist when you go to court.
The Drugs Were Planted on You
Although this defense isn’t used too often because the personal testimony of a police officer holds a lot of weight in the eyes of a judge, if you are able to get court approval, you might be allowed to file a motion and formal complaint about the specific officer who planted drugs on you.
In some cases, police will conduct a sting operation where they use an informant to encourage a suspect to sell or give illegal drugs to a third party. In these types of cases, some of the actions carried out by law enforcement and their informant can be considered entrapment.
Get Help With Your Drug Crimes Case
The lawyers at Orr Law Firm are here to defend your rights and restore your reputation. Penalties for drug crimes can be harsh, but we will build a strong defense strategy and guide you through your entire case. Let us fight for you today.
Call (303) 747-4247, or contact our Denver criminal defense lawyers to schedule your free consultation with our law firm.