June 18, 2024

Obligate Law

Professional Law Makers

Some Exmaples of Possible Defense If You Have Been Charged Wiith a Drug Related Crime

3 min read
Some Exmaples of Possible Defense If You Have Been Charged Wiith a Drug Related Crime

The town of Gilbert has been consistently voted and praised for its exceptionally low crime rate, as evidenced by the commendation the town received in 2005 from the FBI due to the fact that were no homicides at all.

However, it seems that the law is a little too stringent in some aspects of the Gilbert statute books and this is plainly evidenced in the area of drug enforcement. According to the statutes, if a person is convicted of a drug possession offence, then they will be automatically liable for a felony charge pertaining to the possession of drug paraphernalia.

The law makes no distinction between a convenient means of transporting and storing the drugs and equipment used to manufacture the drugs and so the paraphernalia charge will arise whether you use a plastic bag for weed or a lab for crystal meth.

With such a steep burden of proof to discharge, why on earth would a person charged with a drug charge in Gilbert even be concerned with the hiring of attorneys in Gilbert? So far, it would seem that a person so accused would be most likely to go to jail and for a pretty hefty length of time as well.

There are a number of different legal defences that lawyers will raise and some of these are as follows:

  1. That the immediate locale within which the drug paraphernalia was discovered in is actually a communal area, thereby giving rise to the possibility that the paraphernalia so found could belong to someone else.
  2. That the arrest procedure as well as the actual search itself, was not lawful by virtue of non-conformity to the set procedures specified by the criminal procedure statute books.
  3. That the item which is alleged to have been used as an item of paraphernalia is in actual fact used for a legitimate reason, or was not used in connection for drugs. For example, one method in which heroin is ingested is through an intravenous needle, also known as a hypodermic needle. However, if that person happens to be diabetic or is a doctor, then the fact that they have a hypodermic needle is not automatic proof of drug paraphernalia.
  4. If the drugs/drug paraphernalia was located in a car that the car was borrowed or stolen.

Please note that these are merely defences and they will not automatically ensure that a person who faces charges for drug offences will be acquitted. However, what these defences will do is create doubt in the minds of the jury and will therefore weaken the overall case of the prosecution which maybe just enough in order to secure an acquittal. By damaging the credibility of the evidence, even if it is only on a small or fairly insignificant issue, this will make the jury be much more critical and even suspicious of the evidence of the prosecution’s arguments.

A drug charge in Gilbert is no laughing matter, nor is it one to be underestimated. Therefore, it is essential that you get the best possible representation you can.

Copyright © All rights reserved. | Newsphere by AF themes.