DRUG POSSESSION DEFENSES
Whenever a person is charged with the crime of illegally possessing a drug or narcotic, by their very nature, these cases give rise to numerous issues relating to whether the evidence was obtained illegally and whether the State has sufficient evidence to prove their case beyond a reasonable doubt.
Was the initial stop by law enforcement conducted illegally?Whether the person charged is driving or is a passenger in a car, or is merely on foot, law enforcement must have a reasonable suspicion to stop and detain a person at a minimum. This is an area of the law with an abundance of case law which may allow your attorney to file a motion to suppress evidence against you. If law enforcement stopped or detained you without sufficient reason to do so; your attorney could file a motion to suppress which would could lead to the evidence being inadmissible in court.
Was a search of your person or property conducted illegally?Even if law enforcement has stopped or detained you legally; they may need additional legal justification to search your property or you. There are numerous variables and factual situations which may cause the evidence obtained by law enforcement to be deemed inadmissible in court. Your attorney will have to thoroughly analyze each factual situation to determine if there is a legal basis to file a motion to suppress evidence against on your behalf.
Were the drugs or paraphernalia in your constructive possession only?If you are in a car or residence with other people and you are not in actual possession of a drug or paraphernalia, you are generally considered to be in "constructive possession" of the item. Often times the State's case is legally insufficient to convict you in a "constructive possession" case if there is not evidence such as an admission, a fingerprint, or DNA linking you to the drugs or paraphernalia. Your attorney can then file an appropriate motion in your defense.
Were any statements obtained by law enforcement in violation of your Miranda Rights?Unlike TV, law enforcement does not have to read you your Miranda Warnings as soon as you are arrested. However, under the law if you are in custody and you are being interrogated; then law enforcement is required to read you your Miranda Warnings. If you make a statement or an admission to law enforcement, and they have failed to provide you with you Miranda Warnings contrary to the law; then your attorney can file a motion to suppress your statements.