If you are charged with a drug offense in California, it’s important to remember that you haven’t yet been convicted of a crime. There are various ways in which the police can be mistaken or proven wrong when charging you with a crime, and this is why all U.S. citizens are given specific rights, such as the right to legal representation and the right to a fair trial.
At Crowell Law Offices, we believe everyone deserves a proper defense, and our lawyers are experienced in handling drug charges, both minor and severe. We can support you throughout the legal process and negotiate on your behalf to try and have your charges either reduced or dropped completely.
Search and Seizure Law
The search and seizure law is the fourth amendment of the U.S. Constitution. It states that you have the right to be free from unreasonable searches and seizures by law enforcement. This law applies to both the federal government and local police officers. Unless a search warrant has been obtained or there’s an exception to the warrant rule, the police don’t have the right to search you.
Some exceptions to the warrant rule may include voluntary consent to search, arrests where the police are looking for weapons or criminal evidence, inspection searches, probable cause searches, searches of incriminating items in plain view, emergency searches of items that could cause physical harm, and stop-and-frisk searches of a criminal suspect.
If an unlawful search takes place and evidence is found, that evidence can be excluded from the trial. If you believe you were searched unlawfully, it’s important to report this to your defense attorney.
California Entrapment Laws
The state of California has entrapment laws in place that prevent police from luring potential criminals into committing a crime. If the police suspect that criminal involvement has already taken place, they may set up a situation in order to catch a criminal in the act. This is illegal.
Although entrapment doesn’t include simply presenting a crime to an individual, it does include pressure, harassment, threats, and fraud. When entrapment occurs in criminal drug cases, the police are breaking the law and any charges that come out of the entrapment arrest can be argued and dropped.
Evidence in Drug Cases
Sometimes, a police officer may arrest you without having evidence that the drugs belonged to you. One of the defenses an attorney can make is proving that the drugs in question weren’t yours or that you weren’t aware the drugs were in your possession. For example, if you were pulled over and the drugs were found in your car, these drugs could be someone else’s.
Contact a California Criminal Defense Lawyer
Even if you don’t think you can win your case, hiring a defense attorney is a smart move. You’d be surprised by the strategies of an experienced legal team. At Crowell Law Offices, we’ll do our best to build a strong defense and help you avoid the life-altering consequences of a conviction.
To discuss your case with a California criminal defense attorney, schedule a free consultation by calling 916-303-2800 or by filling out the contact form below.
