A Drug Attorney That Will Fight For Your Rights

If you have been arrested and charged with a drug crime you need to consult with an attorney that specializes in drug related crimes as soon as possible after your arrest. America’s prisons are over crowded and being pushed to the breaking point and that is a direct result of tough anti drug legislation that carries with it severe penalties. You don’t want to get lost in an already over crowded criminal justice system and the best way to avoid it is with a good drug attorney to represent you.
Depending on what state you are arrested in, a drug conviction may mean a mandatory sentence. A mandatory sentence means the length of time you are sentenced to is automatically set by legislation and the judge can not give you less time than the minimum sentencing requirement. This is different from other forms of sentencing which are vaguer and allow the judge to exercise some discretion over sentencing time. Drug legislation has removed this judicial discretion and even eliminated the ability of a judge to offer a suspended sentence or put a convicted offender on probation instead of sentencing them to jail time.

Again depending on what state you are in, your drug attorney will have their job cut out for them since the courts are not offering much in the way of wiggle room to avoid a prison sentence on drug charges even if other punishment such as probation or drug rehab would be more appropriate.

Your drug attorney has several areas of law that they can concentrate on to help you fight charges including looking closely at your arrest. Your constitutional rights have never been more important than they are when you are facing criminal charges and if your constitutional rights have been violated your attorney may be able to work to get your charges dropped or reduced.

For example the police must have probable cause to search you or your property including your car and your home. In order to do a legal search the police must have enough probable cause to get a search warrant or they must have enough cause to do a search without a warrant.

The burden to prove probable cause for a search is on the police and their evidence to support a search must hold up in court on constitutional grounds or the case can be tossed. The exception for a warrant in a search is found in the definition of plain view. Items left in plain view such as drug paraphernalia or drugs themselves are not subject to the strict probable cause search limitations because items that are left in plain view by the very nature carry no expectation of privacy.
If your drug attorney does not find your constitutional rights were violated during your arrest, they can still attempt to reduce the charges against you in other ways including showing mitigating circumstance that may have contributed to your criminal behavior and subsequent arrest.