If you are accused of possession of drugs for personal use or with the intent to sell, Austin Criminal Defense Attorney Charles Johnson can determine the defences that might apply to your case should you pleaded not guilty. Different States address the problem of drugs in different ways, while the Federal Government has a tendency to have guidelines sentencing the harder drugs. But the defences of drug possession are fairly universal State to another. Some fortifications of challenge the facts, evidence or evidence in the case, then that of other target procedural errors, often of search and seizure violations.
The fourth amendment to the Constitution of the United States guarantees the right to the procedure provided by law, including legitimate and seizure procedures prior to an arrest. Search and seizure issues are common currency in the case of drug possession. Illicit drugs found "in plain view," such as the dashboard of a car after a legal traffic, can be seized and used as evidence. But the drugs were found in the trunk of a car after eavesdroppers he opened with a foot of biche, assuming that the suspect has not given permission, cannot be produced in evidence. If fourth amendment rights the defendant were violated, drugs can be used at trial and the charges are generally dismissed.
Defense to any charge of crime is to simply say that you did not do so. The equivalent drug possession is to claim the drugs are not yours or that you were not aware that they were in your apartment, for example. Austin criminal lawyer Charles Johnson will make pressure prosecutors to prove that the articulation found in the car actually belonged to his client and not only one of the other three passengers.
Simply because it seems that the cocaine or LSD does not mean it necessarily is. The prosecution must prove that a seized substance is indeed illegal drugs, which he claims that it is the sending of the evidence at a crime analysis laboratory. The crime laboratory analyst then must testify at the trial so that the prosecution to make his case.
Austin Drug Crimes lawyer Charles Johnson will ensure of solicitors are able to produce the real drugs for which their client is loaded. Similar to the need for laboratory analysis of crime, prosecutors who lose or otherwise do not have real drug may have their cases dismissed. Drugs seized often get transferred several times before finishing in the record of evidence, so it must never assume that the evidence still exists in the trial.
This can be difficult to prove, since the police officer sworn testimony has great weight in the courtroom. In addition, the other officers may be reluctant to blow the whistle of an agent of his colleague. But Johnson attorney may file a motion which, if approved by the judge, requires the Department to release the complaint of the given agent. This file contains the names and contact information of those who have complaints, which can then be questioned by the Attorney Johnson or his private detective.
While the law enforcement officials are free to set up sting operations, entrapment occurs when agents or informants induce a suspect to a crime he or she otherwise could not commit. If an informant of the pressure a suspect from drugs to a third party, for example, then this may be considered entrapment. As a rule of thumb, entrapment occurs when the State provides the drugs in question.
If you are responsible for these or another drug related crime you must contact Austin Criminal Defense lawyer Charles Johnson as soon as possible. The penalties for committing a crime of drugs can be very serious, including real time in the prison, sometimes for many years in drug business more high profile. A conviction for a drug-related offence could damage not only your personal and professional reputation, but could result in actual termination of employment or the suspension or revocation of your professional licenses. It is not whether you will acquire a lawyer, it is rather that you represent your most vulnerable moment.
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