Role of a Richmond Drug Lawyer

The role of a Richmond drug lawyer consists of defending an individual from drug charges and advise them from doing anything that could lead to self-incrimination and/or harsher sentencing. An attorney is also responsible for properly representing someone in court if that person does not have the sufficient knowledge and skill set to handle court proceedings. A drug lawyer could be an invaluable asset in a person’s case

If you believe that you could benefit from the help of an experienced attorney, contact a Richmond drug lawyer today.

Mistakes to Avoid in Drug Cases

In order to avoid self-incrimination, a person should not consent to anything overarching. For example, if a person happens to be walking and a police officer tries to stop that person, the person has the right to continue walking.

If an officer uses force to talk to someone, the laws and the person’s constitutional rights are attaching to their physical person. If the officer did not have probable cause that the person was committing a crime, anything from that point on may be thrown out in court.

Importance of Not Giving Consent to Law Enforcement

If the person consents to law enforcement and they obey police officers orders, they are consenting to a conversation. If during that conversation, the officer notices something, the individual could be arrested for whatever that officer notices because the stop was consensual. If a person consents to a police search, that person could potentially be charged for anything that is found to be illegal. For example, if a person consents to a gun search, but the police find cocaine instead, the individual may still be charged with possession of illegal drugs.

An individual must be mindful to not consent to anything that could potentially make the officer exercise control over them. If an officer exerts control over a person without the consent of the person, that that could lead to a potential case being thrown out. However, by giving consent, a person allows an officer to exert control over them, and could be arrested if anything that warrants an arrest comes up.

If an individual asks for a lawyer in the middle of a conversation with police officers, the conversation may no longer continue until the attorney is present. The role of a Richmond drug lawyer is to protect an individual from any constitutional violations. Contacting an attorney in this instance could potentially prevent an individual from experiencing any unconstitutional violations at the hands of law enforcement.

The Constitution in Relation to Drug Charges

The Constitution plays a huge part in every possession case. The Fourth Amendment right to be free from illegal searches, the Fourth Amendment right to be free from illegal seizure, the Fifth Amendment due process rights and the Miranda warnings are going to come into play into every possession case. It is the burden of the Commonwealth to prove that an individual had actual knowledge or some knowledge that the item was, in fact, what it was.

Defending Against Drug Charges

Drug cases are complicated and involve a lot of moving parts. There are four sub-sections:

  • Law
  • Nuance
  • Constitution
  • Negotiation

With the law, every drug case is different and involves specifics that, if argued the right way, can lead to a successful defense of an individual’s case. When arguing the law in these cases, it is important to hire a lawyer who knows what those individual laws are. Someone charged with a Schedule I possession of a drug who only possesses a Schedule IV drug could potentially have their penalties mitigated or their case dismissed. Someone charged with possession with intent to distribute as opposed to a manufacturing, if argued correctly, could potentially have their case dismissed. The role of a Richmond drug lawyer is to pursue the best possible outcome for the defendant, whatever that may be.

Importance of Hiring a Richmond Drug Lawyer

The role of a Richmond drug lawyer is to act as your liaison and your advocate. It is important to have an attorney there who can decipher what occurred, can file proper motions to suppress a case, can determine if an illegal search has occurred, and if so, is going to be able to then challenge that search in order to put an individual in the best situation to have the evidence against them suppressed.

You should also seek the services of a lawyer who understands the law and could negotiate on your behalf or laterally amend it to something that will not be as harsh.

If you believe you could benefit from the assistance of an experienced legal advocate, contact a local drug attorney that could fight for you.

Phone
For a free consultation call (804) 977-0764
Contact

Nicholas Braswell Attorney at Law

Find Us

Address
123 Main Street
New York, NY 10001

Hours
Monday—Friday: 9:00AM–5:00PM
Saturday & Sunday: 11:00AM–3:00PM