Common Mistakes – Drug Crime Cases
If you are charged or arrested, there are some common mistakes you will want to avoid. Often times, the police or law enforcement make mistakes at the time of an arrest. Individuals charged with drug crimes are sometimes put in bad situations, and we understand that bad things can happen to good people. By being prepared, we hope to help you avoid the severe penalties of a drug crime conviction.
Drug Offenders – Common Mistakes
- A common mistake made by drug offenders is consenting to a search. If you have been accused of a drug offense, we do not advise that you consent to a search of your home, vehicle or person. Whether you are in possession of a small amount of marijuana, or a large quantity of a narcotic drug – we do not recommend submitting to a search. Often times these searches are performed illegally and improperly by the police and law enforcement.
- Drug possession admittance. The police and law enforcement may tell you that you are better off if you admit to the fact that the drugs found were yours, do NOT admit to anything. Do not tell the police that the drugs belong to you, avoid admitting you knew the drugs were there.
- Do NOT make statements or talk to the police without the presence of you attorney. Making a statement creates the possibility of self-incrimination.
Police & Law Enforcement – Common Mistakes
Miranda Rights – failure to read a suspect his / her Miranda rights. Before questioning a suspect, the police MUST read a suspect their Miranda rights. If the police failed to read you your rights, any information provided in the course of questioning may be suppresses (not allowed) in court. If your rights HAVE been read to you, politely inform the authorities that you will not answer questions without the presence of your criminal defense attorney.
Often times, police or law enforcement will continue to ask questions even though he or she has clearly stated that they will NOT answer questions without the presence of their attorney. If this occurs, anything stated to the authorities may be suppressed in court.
Illegal searches. The police MUST have probable cause to search your property – home, vehicle or person, etc… If the police search you home or person without a warrant for probable cause, anything discovered during that search may not be allowed in court. This is less seldom in vehicle searches, as a vehicle search only requires reasonable suspicion in order for the police to have the right to search your vehicle.
Failure to perform a proper investigation. Everyone is innocent until proven guilty in the United States of America. When the police do not properly investigate a case, your attorney can challenge the investigation – arguing that you cannot be proven guilty beyond a reasonable doubt.
These are some of the mistakes made by drug crime suspects and the police / law enforcement involved in drug crime cases. Call or email us today for a free consultation and case review.
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