If you are facing drug charges, you need to hire a drug defense attorney to help you fight the charges in court. One of the best defenses is getting the evidence that is supporting the charges thrown out of court. Without evidence, there will be no proof that a crime was committed. Here are three defense strategies for getting evidence thrown out of court that you need to discuss with your drug defense attorney.
#1 Illegal Search & Seizure
The first strategy that you should explore is that you were subject to an illegal search and seizure. The fourth amendment is designed to protect your from illegal search and seizures and ensure that you are protected in your home and place of business.
For example, if the police stopped by for a noise complaint, and then entered your home without your permission and found drugs, that would be an illegal search and seizure. As another example, the police stop you for failing to use a turn signal and ask to search your vehicle without any cause and open up your trunk and find drugs before you are able to consent to the search.
Have your attorney go over all paperwork that is related to the search that produced the drugs that you are being prosecuted for to see if it broke your fourth amendment rights.
#2 Poor Evidence
The second strategy that you should look into with your defense attorney is poor evidence for the search warrant.
For example, if the warrant was issued on the basis of information that is really old, the information is not reliable and thus could get the entire search thrown out. Or, if the police's warrant was based on really flimsy evidence, such as an anonymous tip, that should not have been allowed.
Third, make sure that your attorney examines the chain of custody of the drugs that you are being prosecuted for. If the chain of custody was broken at any point in time, your attorney can argue that the evidence was contaminated because it was mishandled and should be thrown out. A small technicality can be a great way to build a defense.
Talk with your defense attorney and work together to figure out if there is any grounds to get the evidence in your case thrown out. Go over all of the details of your case to see if this method will work. You are most likely going to need to work with your attorney to launch a multi-prong defense strategy.