Ask Yourself…
A. Were your rights violated when Law Enforcement searched you? Overzealous Law Enforcement Officers often search individuals without their consent, a warrant, or probable cause. When this happens, we will file the appropriate Motion to Suppress or Dismiss to eliminate the evidence against you.
B. Were you illegally seized? Overzealous Law Enforcement Officers often stop you or your vehicle without probable cause or reasonable suspicion that you have done anything wrong. If you are stopped unlawfully, we will file Motions to have the evidence thrown out of Court.
C. Did law enforcement violate your rights when they took a statement from you? If you stated law enforcement, there are several legal hurdles the prosecutor must overcome for your statement to be admissible. For example, if you were in custody (e.g., arrested) and your statement was taken without proper Miranda warnings, it cannot be used against you. Also, it is inadmissible if the statement you gave was not given freely and voluntarily. For instance, if law enforcement tricked you or promised to get your statement, it would be inadmissible.
D. Did you truly “possess” the drugs? In most drug charge accusations, the accused is not in “actual” possession of the drugs. Law enforcement often asserts that the accused is in “constructive possession.” There are many defenses available to you if you are not in “actual” possession of the drugs. We will carefully assess the facts to determine if these defenses apply to you.
E. Are there options available to me that allow me to avoid conviction? Yes, many.
- Drug Court: You may qualify for an intensive outpatient drug treatment program. We have successfully dismissed many of our client’s charges based on their successful completion of Drug Court.
- Pre-Trial Intervention Programs.
- Securing a negotiated plea offer from the prosecutor allows for a withhold of adjudication, meaning you are not formally convicted of the charge.
Defending drug cases can indeed be complicated. Securing the best legal counsel available is essential to help you navigate the system and avoid a formal conviction. With over 60 years of combined experience representing individuals charged with drug offenses, The Byrd Law Firm is here to help you.