When you are charged with a drug-related offense, it is best to contact a Lawyer in Lawrence KS immediately. One of the best defenses they will provide is a constructive possession defense. This is when your lawyer will state that the simple fact of being in the proximity of drugs is not necessarily sufficient to find you guilty of drug possession. To be convicted of drug possession, the defendant must “exercise exclusive control” of the drugs and be aware that drugs are present. This means that in many cases related to drugs and from a traffic stop of a vehicle occupied by several people, this defense is critical to get the charges acquitted.
However, the driver of a vehicle has no legal obligation to palpate all occupants of the vehicle. If any contraband is found in an area accessible by all occupants of the vehicle, it is fundamentally unfair to blame the driver. Unfortunately, it is a practice frequently used by police officers. An experienced criminal law attorney can help you absolve this position using a request to a rule-based trial.
A lawyer may make a motion to suppress evidence as well. Most drug-related charges against the accused are the product of a police search after an illegal traffic stop or product of an illegal search of your home. The Fourth Amendment to the Constitution was designed to protect the civil liberties of individuals against unjust searches and seizures by the government. In practice, the motion to suppress is the best tool for the criminal lawyer to get the drug charge, or any other charge, acquitted.
If your Lawyer in Lawrence KS can litigate that the vehicle stop or search of your home was unconstitutional, any evidence from the fact is called “fruit of the poisonous tree” and therefore inadmissible as evidence against the accused. Logically, if there is no convincing evidence of your guilt, the charges must be acquitted. This tactic is commonly known as a “technicality,” but the truth is that an experienced lawyer understands that this result is from the correct application of the Constitution. Our democracy is not based on a technicality, and our police should not be forgiven for breaking the law in order to enforce the law. For more information, contact Joe Wittman today.
