There’s a lot at stake when facing criminal charges related to drug offenses, and sometimes the evidence seems stacked against an accused individual. If you feel like you’re in that situation now, then you might be feeling hopeless for your future. But there might be some very compelling criminal defense options at your disposal, regardless of how bleak your case looks. In other words, you need to know your options and not allow yourself to be pushed around by the prosecution.
One of the strongest criminal defense tactics that might be available to you is the suppression of evidence. When it comes to collecting evidence, law enforcement officers are required to adhere to certain laws, regulations, and practices. This means that you have rights. Amongst them is protection from warrantless search and seizure.
This means that if a police officer searches you or your vehicle in violation of the law, then that evidence may be considered tainted and rendered inadmissible at trial. Known as the fruit of the poisonous tree doctrine, this legal theory can devastate the prosecution’s case. For example, if a police officer pulls over your vehicle for no reason and then searches your vehicle and discovers narcotics, you can probably argue that the initial stop was illegal and the subsequently gathered evidence should therefore be suppressed.
There are very few exceptions to the warrant requirement. You need to know these exceptions and how the law views them. Only then can you build your case to try to show that the prosecution has failed to show that law enforcement acted in accordance with one of those exceptions.
Take a holistic approach to your criminal defense
Figuring out whether you can suppress evidence is just one piece of your criminal defense. Attacking witness credibility, establishing an alibi, and challenging specific elements of the alleged offense like intent can all be powerful in protecting your interests and your future. Therefore, you might want an experienced and competent attorney on your side before moving forward with your criminal defense.