The first time my son got into some legal trouble, I didn't hire an attorney. I figured that he would just get a slap on the wrist and that he should accept his punishment, and that's what happened. The second time he got into trouble, I had to hire an attorney. I knew that since he had a record, the judge would not be so lenient about his punishment and he could suffer some serious consequences that could haunt him for his entire life. If you have a troubled child, my blog could help you understand the value of hiring an attorney for him or her.
the value of hiring an attorney for your troubled child
Types Of Evidence That Can Get Your Drug Case Dismissed
Owen Bertrand
Drug crimes are serious offenses that can lead to harsh penalties, including jail time. If you've been charged with a drug crime, it's important to hire a drug crimes attorney who can help you build a strong defense.
There are many types of evidence that can be used to get a drug case dismissed. Here are some of the most common.
Lack of Probable Cause for Search and Seizure
Among the most common types of evidence that can get a drug case dismissed is a lack of probable cause for search and seizure. If the police didn't have a valid reason to search your vehicle or house, any evidence they found could be thrown out of court.
For instance, suppose the police stop you for a minor traffic violation and then conduct a search of your car. If they find drugs, they can charge you with drug possession. However, the drug charge can be dismissed if your lawyer can prove that the police didn't have probable cause to search your car.
If the evidence against you was obtained without probable cause, your drug crimes attorney could file a motion to suppress the evidence. This means the evidence cannot be used against you at trial. If the motion to suppress is successful, the prosecutor may not have enough evidence to prove your guilt beyond a reasonable doubt, and the charges against you may be dropped.
Given the high stakes, you need an experienced drug crimes attorney who can challenge the legality of the search and seizure. If your lawyer can prove that there was no probable cause for the search, the evidence against you may be thrown out.
Chain of Custody Issues
If there is any question about the chain of custody of the evidence against you, your drug case may be dismissed. The chain of custody is the sequence of people who had control of the evidence, from when it was obtained until it was presented in court. This sequence has to be carefully documented to ensure continuity in the chain of custody.
It has to be established that the evidence against you is the same evidence originally obtained by the police. If the chain of custody cannot be established, there is a risk that the evidence has been tampered with.
For instance, suppose the police find drugs in your car. The drugs are then turned over to the evidence technician. If the drugs go missing from the evidence locker, there is a break in the chain of custody. As a result, the drugs cannot be used as evidence against you.
If there is a break in the chain of custody, your drug crimes attorney can argue that the evidence against you is unreliable. And if the evidence against you is unreliable, the charges against you may be dismissed.
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