DRUG CHARGES DRUG CHARGES
Drug cases often turn on search and seizure issues, possession, knowledge, constructive possession, lab results, and the circumstances of the police encounter.
The firm handles drug possession and related controlled-substance cases involving cannabis, cocaine, prescription medication, and other alleged illegal substances.
DEFENSE ISSUES DEFENSE ISSUES
Important issues may include whether the search was lawful, whether the accused actually possessed the substance, whether the State can prove knowledge, and whether diversion, dismissal, reduction, or trial strategy should be pursued.
AREAS SERVED AREAS SERVED
Drug charge defense is available in Miami-Dade County, Collier County, Lee County, and Hendry County.
DRUG DOG SEARCHES DRUG DOG SEARCHES
A police dog alert may give officers a reason to search, but it does not automatically prove a crime occurred. Courts may look at how the stop happened, how the dog was used, and whether law enforcement followed the law.
Drug dog cases often depend on the specific facts of the encounter, including timing, the reason for the stop, and what officers did before the search.
POLICE SEARCHES AFTER AN ARREST POLICE SEARCHES AFTER AN ARREST
When someone is arrested, police are often allowed to search the person and property within immediate reach. This may include pockets, clothing, bags, or other items being carried at the time.
The arrest itself must still be lawful. If police violated someone's rights, evidence found during the search may be suppressed and, in some cases, that may weaken the case or lead to a dismissal.
SEARCH AND SEIZURE SEARCH AND SEIZURE
The Constitution protects people from unreasonable searches and seizures. Whether police acted lawfully depends on the facts of the stop, arrest, search, or investigation.
If a search was illegal, evidence may be suppressed. Suppressed evidence can significantly weaken the prosecution's case.
PROBABLE CAUSE PROBABLE CAUSE
Police cannot legally arrest someone based on a guess or suspicion alone. Officers must have enough facts to reasonably believe a crime was committed and that a particular person was involved.
Whether police had enough information to make an arrest or search is often one of the first issues reviewed in a criminal defense case.
DO POLICE HAVE TO READ MIRANDA RIGHTS? DO POLICE HAVE TO READ MIRANDA RIGHTS?
No. Police do not have to read Miranda rights every time they stop someone or every time they make an arrest. Miranda usually applies when a person is in custody and police are questioning the person about a crime.
A person can make damaging statements before Miranda warnings are ever read. Do not assume that a statement is safe just because rights were not read first.
SHOULD I EXPLAIN MY SIDE TO POLICE? SHOULD I EXPLAIN MY SIDE TO POLICE?
Many people believe that if they are innocent, they can simply explain what happened and clear things up. In reality, that is often a mistake.
Police officers collect evidence for criminal prosecutions. If you make statements that help the prosecution, those statements can and will be used against you. They will not be used to help you.
If you tell an officer an alibi or explanation, your defense lawyer may not be able to use your own out-of-court statement later to prove you were innocent. But the prosecutor may use the statement to challenge you if any detail appears wrong or changes later.
Be polite and clear. Say: I am exercising my right to remain silent. Say: I want a lawyer. Then stop talking.