When a defendant faces drug possession charges, drug crime lawyers in New Ulm, MN will determine which defenses may be used. While some of these defenses challenge testimony, evidence, or stated facts, others point out procedural errors. Here, people will learn about various drug crime defenses.
Illegal Searches and Seizures
The Constitution’s Fourth Amendment guarantees citizens the right to due process, including legal search and seizure methods before an arrest. However, not all searches and seizures are lawful. If drugs are found in plain view, they may be taken and used as evidence. When they’re hidden, but found after a search for which the defendant did not give consent, they cannot be used as evidence and the resulting charges may be dismissed.
The Drugs Are Someone Else’s
Another common defense is to deny responsibility. Many defendants claim that found drugs aren’t theirs or that they were unaware of the presence of illegal narcotics. Drug crime lawyers in New Ulm, MN often ask prosecutors to prove that their clients, and no one else, possessed the drugs in question.
Looks are deceiving, and just because something looks like an illegal drug doesn’t mean it is. Prosecutors must prove that seized substances are indeed illegal drugs by sending them to a laboratory for analysis. Then, to solidify the case, the lab analyst must testify in court.
The Substance Was Planted
This is enormously difficult to prove because officer’s’ testimonies carry significant weight in court. However, a defense lawyer may file a legal motion that, if approved, requires the police department to release the investigating officer’s complaint file. The file contains the contact information of those making the complaints, and these people may be interviewed by private investigators or attorneys.
Call an Attorney for Drug Possession Defense
When defendants face possession charges, they may have available defenses that aren’t readily apparent. Whether the person’s statement was collected without reading their rights, or whether incriminating evidence wasn’t preserved, a defense lawyer will attempt to point out flaws in the state’s case. Visit Blatzlawminnesota.com or call to request an initial consultation with a drug crime attorney.
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