Building a Defense Against Drug Charges in Martinez
People facing drug charges could benefit from contacting an experienced defense attorney. There are a large variety of drug offenses that can be charged in a case and building a defense against drug charges in Martinez requires the skill of a well-practiced local lawyer. If you or a loved one have been charged with committing a drug-related offense, you should not hesitate to seek legal representation right away.
Why Should People Have a Lawyer Build Their Drug Defense?
An attorney has the experience necessary to identify weaknesses in the prosecution’s case, such as constitutional issues related to the Fourth, Fifth, and Sixth Amendment. For example, if someone is facing a drug charge that came out of an illegal stop or search, that would be a Fourth Amendment violation and a potential basis for a motion to suppress the evidence.
A legal professional could ensure any constitutional violations are addressed and litigated. This is especially important if the defendant ever wants to appeal his or her sentence or conviction.
The other reason it is important to seek guidance from an attorney is that these cases can be complex. Defendants should look for guidance from an attorney who can explain the process, what the judge is saying, and what types of motions should be filed.
It is critical to seek out a lawyer who knows how to communicate effectively with judges and prosecutors, understands the type of material that is relevant to examine in a drug case and what type of evidence they should be collecting, and which witnesses need to be interviewed or investigated.
Information to Bring to a Drug Charge Consultation
The most important information someone facing a controlled substance offense should have prepared during their consult is the charging document or complaint – or at a minimum knowledge of the crimes alleged at the time of arrest. The formal written complaint contains what the charges are, such as possession of paraphernalia, possession for personal use, or possession for sale, the associated Health and Safety Code section, the date the alleged incident happened, the county the incident is said to have occurred in, and a brief statement of how the Health and Safety Code was violated.
During the consultation, an individual can disclose relevant facts surrounding the arrest, including the circumstances of any search that occurred. Drug searches can only occur if the police have gotten a warrant to search the defendant’s house or vehicle, the defendant consented to a search, the defendant is on probation or parole from a previous charge and has waived their Fourth Amendment rights, or there is some exception to the warrant requirement like a search incident to lawful arrest, exigent circumstances, plain view, or stop and frisk.
The above mentioned details make it possible for a Martinez drug attorney to determine how best to begin building a defense against the drug charges. For example, if the search was unconstitutional, an experienced lawyer could argue that the charges should be dropped as a result.
What Additional Resources Does a Martinez Attorney Have?
The biggest thing that a lawyer can do for someone facing charges for drug crimes is identify legal deficiencies in his or her case. It is extremely important for someone facing criminal charges to have somebody, who knows the law, look for constitutional violations, identify them, litigate them, and potentially have the entire case dismissed.
Additionally, well-practiced attorneys are trained in the interpersonal relationships that exist in the court room. Effective advocacy requires a professional who knows what the prosecutor or judge are going to care about or what they will find persuasive. An effective lawyer will be able to package their evidence together in a way that mitigates the circumstances, leads to a dismissal for the client, or makes an impact on a jury at trial.
Minimizing Potential Penalties
Penalties can include more than potential incarceration and fines. A conviction for a drug offense can impact a person’s immigration status and can result in the denial of certain benefits if the individual relies on state or federal aid for housing or food stamps.
Probation is often a part of a sentence following a custodial sentence or in lieu of a custodial sentence. If someone is on probation for a drug offense, the terms of his or her probation likely include a Fourth Amendment waiver. This means that he or she is subject to search and seizure at any time of the day or night, by a police officer, without probable cause.
An experienced lawyer in Martinez could build a defense that correlates with the defendant’s goals. If a defendant’s goal is to not do any custodial time and he or she has the potential to succeed a term of probation even with a search clause, then that might be something that an accomplished attorney could work toward negotiating to keep the client out of custody. In the event a plea to a reduced crime is not advisable, the attorney can prepare the client and case for trial in an effort to secure a not guilty verdict from a jury.
Build a Defense Against Drug Charges with a Martinez Attorney
If you suspect or have been made aware that you are being charged with a drug offense, it is in your best interest to notify a local attorney right away. Our skilled team of lawyers are experienced with building a defense against drug charges in Martinez and could help you.
Reach out today and schedule your initial case consultation. The first consultation is always free.