A person accused of a drug-related crime will need a lawyer to defend him in court. More importantly, it’s not just any lawyer but one who is well-versed with the circumstances surrounding such crimes – a drug crimes lawyer. Not knowing the laws and penalties about drug crimes would be a disadvantage for a person accused of committing a crime related to illegal or prohibited drugs. It is in his best interest to hire a drug crimes attorney in order to devise a good defense plan for the court proceedings especially if the person is wrongly accused of the crime. Pleading not guilty to the charges, the constitution provides for a fair trial judged by a jury. The trial will give the accused the chance to defend himself through a defense lawyer and it is up to the prosecution to bear the burden of proving the guilt of the accused.
Court Trial’s Defense Tactics
The drug crimes attorney for the accused will expectedly try to get the court to allow suppressing of evidence. A motion for such will be filed by the defense especially if the way the evidence is obtained defies existing laws. An unlawful collection of evidence is a good reason for the court to grant the motion for suppressing the evidence. It is therefore the job of the defense lawyer to make sure that he is able to prove the illegal and unlawful acquisition of such evidence and that it is not used against the accused during the court proceedings.
Another defense strategy which a drug crimes lawyer will make an attempt at is to try to invalidate a search warrant issued for the purpose of gathering or collecting evidence against the accused. While a warrant legally allows authorities to search the subject premises for any incriminating evidence, a defense lawyer should be quick to analyze the circumstances that surround the issuance of a warrant and find loopholes in the timing and manner of issuance. Invalidating the warrant means all the evidence collected against the accused will not be admissible in court, which will be very helpful for the defense.
Where the accused is caught with evidence of drugs in his possession, some defense lawyers will try to prove that the accused has no knowledge whatsoever about such drugs being in his possession. The defense can argue and point out the possibility of someone else stashing the drugs into the defendant’s car or home or wherever it was found. The entire strategy will depend on how the defense lawyer can convince the jury or the judge on the credibility of the accused and the impossibility of him knowing that there were drugs in his car or home.
What to Look For in a Drug Crimes Attorney
With a serious drug crimes charge, one needs to immediately avail the services of a good drug crimes attorney. A person accused of such crime should carefully select his drug crimes attorneytoensure that he will have a good defense strategy for the court proceedings. While a person accused or being tried for a drug crime may be innocent and wrongly accused, when it reaches the court, one seriously needs a highly competent drug crimes lawyer to disprove the charges. In most cases, the jury or the judge may be biased against drug crimes offenders so the defense lawyer carries a heavy burden of redeeming the image of his client.
The defense lawyer should have a good history or record of successfully helping others similarly charged with drug crimes. A lawyer who has spent most of his career in defending drug crimes cases will have gained sufficient expertise and good understanding of the many different scenarios that could possibly arise in a court trial. It is equally important to make sure that the defense lawyer has kept a good reputation within the legal arena. It would be a bad idea to have a case defended by a lawyer who has antagonized a court in other cases previously handled or defended. A drug crimes defense lawyer with a sterling reputation especially with the judges will have a different impact on the case.
Also important is to have a defense lawyer who truly believes the innocence of the accused and as such will do everything in his power to prove that innocence or just help get the plea bargaining agreement with a less harsh penalty or punishment, in case the accused is guilty of the crime.
Common Drug Crimes Conviction
The penalties and punishments for drug crimes convictions are harsh. If convicted for a simple possession of illegal drugs, one can get harsh punishments such as long jail time and hefty fines, depending on age, amount of drugs in possession, type of substance, criminal record or history, whereabouts during the arrest, etc.
On the other hand, possession with intention to distribute is a more serious offense and therefore has a heavier punishment. If the amount of drugs caught in your possession is more than the average amount for personal consumption, chances are that the prosecution can turn the case into possession with intent to distribute.
Offenders who grow marijuana, poppies, cocaine and others may be charged and convicted for cultivation charges. This charge does not cover the manufacture of other drugs such as LSD, meth, or steroids which count for another serious charge.
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Cedric Loiselle is a highly talented writer providing quality articles for a wide range of niches including business and finance, as well as finance and law. If you are looking to hire one of the most reliable New Orleans drug crimes attorney, you will surely gain valuable advice from his articles.