When drugs are discovered in a person’s home or vehicle, they may face serious legal ramifications. When a police officer uncovers narcotics in a home or car, the primary suspect is the property owner. If they cannot show immediately that the drugs are not the alleged suspect’s property, the item owner will most likely be arrested.
Following an arrest, it is critical not to engage in aggressive conduct. The defendant should not try to elude arrest or show signs of rage. They should give the arresting officer basic information such as their name, car registration, and, if applicable, their home address. In the legal system, there exist safeguards against self-incrimination. There is no need to respond to any additional inquiries at this time. The arresting officer should read the Miranda warning, which states that the authorities can use everything a detained individual says or verbalizes to the police against them. In addition, the accused has the right to be represented by a drug lawyer.
How to Defend Against a Possession Charge
Police officers regularly dispute allegations, many of which are unfounded. However, a person arrested for drug possession may be able to have the charges dropped. A reasonable attorney can help the case forward. It is critical to go back in time and figure out how the narcotics got into the house or vehicle, as well as who might have put them there. If your lawyer can prove that others had access to the detained person’s home or automobile, the record may reflect that the drugs were not in their possession.
For a lot of reasons, a person may be falsely accused of a crime. Five of the most prevalent are as follows:
- A mistaken identity
- Incorrect recollection
- False charges leveled with malice
- Government officials’ misconduct
- Deceptive forensic evidence
If an individual is falsely accused of a crime, they have four options. They are as follows:
- Consult a criminal defense attorney.
- Before filing, conduct a preliminary investigation.
- Identify and apprehend the accuser
- Initiate a civil action against the government for unjust prosecution.
If the arrest includes a vehicle, the following questions should be addressed:
- Who else was able to gain access to the vehicle? Include their name, address, the day and time they got access to the car, and any witnesses’ names and contact information.
- Was the vehicle a gift or a loan?
- Is there any reason why someone would put drugs in their car?
The Burden of Proof
The prosecution carries the burden of proving criminal activity’s guilt beyond a reasonable doubt in the judicial system. The mere chance that others had access to the narcotics is frequently enough to get the allegation dropped.
Furthermore, if it appears that the arresting officer broke procedural norms during the investigation, for example, the arresting cops could have entered the residence or car without authorization or justification. In this case, the defendant’s attorney may try to persuade the court that evidence collected illegally should be disregarded because the 4th Amendment to the United States Constitution prohibits unreasonable searches and seizures.
Being accused of anything, especially a crime that you didn’t commit, can be really stressful, traumatic, and costly in all aspects, but that doesn’t mean that you can’t clear your name and records out. You just need to have a good drug lawyer in your contacts, and of course, know the basics while waiting for legal assistance.