Constitutional Issues in Drug Possession Cases
While there are many different factors that may play a role in drug possession cases, some of the most common are constitutional issues which may arise over the course of an arrest or subsequent trial. Most often, these issues have to do with the Fourth or Fifth Amendments potentially allowing a Fredericksburg drug possession attorney to use these violations to build a defense. If you believe your constitutional rights may have been violated or would like to discuss potential defense options, call and schedule a consultation today.
Fourth Amendment Violations
The Fourth Amendment is the right to be free from illegal searches and seizures by government actors. This constitutional issue comes up in every single possession case. Sometimes, that is not as strong as others but it is definitely real in every single possession case.
Knowing how the police have stopped a person, why they have stopped a person and also how the police have come across the substance is an important factor.
If there is no probable cause or reasonable suspicion to search that individual or no probable cause or reasonable suspicion to stop him or her, then the person may be in a situation that any evidence obtained in the illegal search or seizure can ultimately be suppressed to the benefit of the defendant.
Fifth Amendment Violations
A person’s Fifth Amendment rights are their rights to remain silent. Once a person is arrested and given their Miranda rights, they tend to try to talk themselves out of their case. However, the individual has the right to remain silent and does not have to speak with the officers. If a person wants questioning to end, then he or she could affirm his or her right to remain silent.
In most situations, an individual should not speak to the police or answer any questions before speaking with an attorney.
If at some point after an individual has spoken with an attorney, he or she feels like it may be advantageous to say something to the police, a person still can. An individual can always waive his or her rights and subsequently say something. However, at the beginning of the case, especially before the person arrested consults with counsel, it is imperative to not speak.
If in the arrest and investigation process law enforcement does not inform an individual of their right to remain silent or refuses to respect that right, it can be pointed to by the defense as a constitutional violation in the Fredericksburg drug possession case.
How A Lawyer Can Help
With these types of charges, there are many elements to the possession and lots of case law on the matter. As a result, a person is going to want an attorney who knows how to maneuver and knows what exactly to do in these particular sets of facts and circumstances. It is important to have an attorney who is going to be able to protect a person’s freedom, civil liberties, and his or her rights going forward.
If you need help with your case and understanding the constitutional issues surrounding a drug charge, please contact one of our attorneys. We will fight and advocate for you.
