Common Defenses to Drug Crimes
We frequently represent people accused of felonies for drug crimes who are scared to death of the consequences after googling the worst case scenarios. There is no question that the nature of the charge is extremely serious. However, all hope is not lost. A good criminal defense lawyer will know how to best use the law to your advantage. We successfully dismiss numerous drug and contraband charges every year. Let us put our experience to work for you.
Constructive Possession Defense:
In Florida, mere proximity to drugs is not necessarily enough to prove guilt of all the legal elements of possession beyond a reasonable doubt. To be convicted of possession of drugs, you must have what they call “dominion and control” over the drugs, and knowledge of its presence.
This means that in many common circumstances, where a drug charge arises from a traffic stop of a vehicle occupied by several people, this defense is a pivotal tool in getting the case dismissed. After all, the driver of a vehicle doesn’t have a legal obligation to search all the occupants of his vehicle before they enter. If they leave contraband in a mutually accessible area, it is fundamentally unfair and unjust to hold the driver accountable. But this is something that local law enforcement officers in Tampa Bay area are guilty of doing. An experienced Tampa Criminal Defense Attorney can get your drug charge dismissed using a pretrial motion to dismiss pursuant to rule (C)4 of the Florida Rules of Criminal Procedure.
Motions to Suppress Evidence:
Most drug charges against defendants occur as a result of a search by cops after a warrantless traffic stop or a warrantless search of your home or vehicle. The Fourth Amendment of the constitution is designed to protect the individual’s civil liberties from unreasonable and unlawful government search and seizures. The Motion to Suppress is the defense attorney’s best tool in getting your drug charge, or any charge really, thrown out. If your experienced Tampa criminal defense lawyer is able to successfully argue that the stop of your vehicle or the search of your home was unconstitutional, every bit of evidence taken after the fact is held to be “fruit of the poisonous tree” and therefore inadmissible against you as evidence. This is known as the exclusionary tool.
If there is no evidence to be used against you, the case must be dismissed. Many people refer to this as “getting off on a technicality.” An experienced criminal defense attorney in Tampa will instead argue that he or she was defending the constitution of the United States and Florida: the foundation of our democracy is not a technicality. Cops should never break the law to enforce the law. Call us now to see how we can help you win your case (813) 800-111.
Motion to Disclose Confidential Informant:
Many drug charges in Tampa, St. Petersburg, Clearwater, and Polk County involve the use of a confidential informant. A CI, as they’re called, are commonly criminals themselves who have agreed to work with the police in exchange for a reduced sentence. This leads to their credibility being a very important issue. These people are desperate and will do anything to lessen their own substantial drug sentence after having been caught themselves. Exposing this lack of credibility is one such defense that an experienced Tampa Criminal Defense attorney can use to advocate on your behalf. Call us now to set up a meeting to discuss your case 813-800-1111.
Valid Prescription Defense:
Cops are aggressive in Tampa Bay. They will arrest first and ask questions later. Never mind the irreparable harm to your reputation or the violation of your civil liberties, if cops stop and search you and find prescription drugs in a purse or random container not clearly marked, they will arrest you. It doesn’t matter to them that you have a valid prescription. And there’s no law that says you have to hold a pill in the bottle in which it was dispensed. However, you will still be charged with possession of controlled substance. It will be up to an experienced prescription drug attorney to present the valid prescription from a licensed physician and argue that your case must be immediately dismissed.
Many clients have asked inquired about having valid prescriptions but that the pill they had did not necessarily match identically what they were accused of having. For fact patterns like this, please call us immediately to set up a consultation at (813) 800-1111.
In cases where our clients are facing addiction to drugs, alcohol, or other controlled substances like prescription pills or heroin, we explore every pathway to not only getting their legal case resolved, but getting them the treatment that they need too. In situations where addiction is destroying a client’s life, options are limited but we will find the best possible solution for our clients. In many cases, that means accepting that you have a problem and enrolling in a treatment program through the Hillsborough County Drug Court, Division Y, with Judge Pomponio and Judge Espinoza. The drug court program is designed for people with severe, diagnosed addiction as a disease. Many times, upon successfully completing the drug court programs, clients can have their charges dismissed. Call us now to explore your options (813) 800-1111.
We will explain to you your rights and develop a unique strategy to fight for you and get your drug charge dismissed.