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When an Officer Makes a Mistake During a Drug Possession Arrest

Personal Injury Attorney

Drug possession charges are not accusations to take lightly. The repercussions for a such a charge can include steep fines, jail time, and lack of future employment opportunities. But, there may be instances where an officer made a pivotal mistake or misjudgement during the arrest. If that is true for the accused, then he or she may have the charge dropped without further consequence. Those who are facing a drug possession conviction, may want to obtain legal representation as soon as possible. A lawyer can evaluate your case to see where the officer may have overstepped a boundary or misidentified the confiscated drug.

Q: The officer didn’t ask to search my vehicle, can that help my case?

A:An officer may have started searching through your car, when permission was not granted. While this may have been a hasty move, any illegal drugs that were within sight can still be used as evidence. However, if the officer found hidden drugs not in plain sight, then it may be tossed out and not held against you. If the officer did not follow proper protocols when confiscating items, be sure to share this information with your lawyer.

Q: What if the officer who arrested me was undercover?

A: Officers may work undercover for a variety of reasons, but the overall intention is to make an arrest. In an attempt to get a person in handcuffs, an officer may commit entrapment perhaps without even realizing it. Entrapment occurs when law enforcement coerces someone into being part of a crime, when maybe they would not have otherwise.

Q: The drug confiscated was a prescription drug, does that matter?

A: Yes, if the substance you had on you at the time of your arrest was actually prescription and medically necessary for a condition, your lawyer can request a testing of that drug item. An officer may have confused the prescription drug with an illegal substance. The item can be analyzed in a crime lab and if the results come back stating it was not an illicit drug, your charges may be dropped entirely.

Q: Does the officer have to bring the drug to the trial?

A: Your lawyer may request that the supposed drug is brought to the trial, and the officer must abide. This can be a great strategy for a drug possession charge, because in many cases the drugs are lost or accidentally disposed of. If the evidence cannot be brought forward, the judge may dismiss the case without a second thought.

Q: How can a lawyer help me get ready for my court date?

A: A lawyer that is familiar with criminal cases, can help you build a defense in attempt to minimize or drop the charge completely. A lawyer can give you tips and advice on how to get ready for court. Having support from a legal professional who understands legalities can help you feel more confident when walking into the courtroom. The average person does not know what to expect, so a drug offenses attorney DC offers can answer any questions along the way.



Thank you to our friends and contributors at The Law Firm of Frederick J. Brynn, P.C. for their insight into criminal defense and drug charges.