Experienced Drug Attorney Presents a Strong Defense
California has strict drug laws, outlined in the Health and Safety Code section 11352 and 11379. These statutes make it illegal to possess, transport, intend to distribute or sell a variety of illicit substances; and the punishment for those convicted of such an offense can be stiff. Luckily, there are a number of common defenses that a diligent and aggressive drug lawyer can present in these cases.
Conviction of even the most basic of drug charges under California law requires that the prosecution meet certain criteria, including proving beyond a reasonable doubt that the defendant possessed the illegal drugs, did so knowingly, was aware it was a controlled substance, and there was enough of the drug to be used as a controlled substance.
You Can be Charged without Possessing Drugs
It is important to remember, however, that constructive possession is still a violation of the law in California. This occurs when the drugs aren’t actually in the physical possession of the defendant, but they have knowledge that there are illegal drugs in their home, car or other location.
While questioning whether the prosecutor can prove the crime beyond a reasonable doubt is the most common defense used by a drug attorney, there are also other defenses that may be employed. An experienced drug lawyer will be well-versed in these defenses and can present a strong defense based on the specific facts of almost any case.
Search and Seizure Violations
California has laws that outline search and seizure procedures, and when these laws are violated, it can cause the case against a defendant to be thrown out. The most common ways an illegal search and seizure occur include; searching a home or vehicle without a valid search warrant, exceeding the scope of a valid warrant, or searching someone without probable cause.
If a drug attorney finds that any of these occurred in a case, a motion to suppress evidence will be used to present the evidence found during the search from being used at trial. This often leads to the case being dismissed.
In addition to search and seizure laws, California police officers must follow other regulations when making drug busts. These illegal tactics could include falsifying probable cause for search or arrest, using excessive force (including entrapment), planting evidence or lying about the facts of the case in the police report or in trial.
Chances of a Dismissal or Reduction of Charges
If an expert drug lawyer like Grant Bettencourt believes this has occurred, a motion may be made to reduce or dismiss charges, or to obtain the officer in question’s personnel records. The records may be used to find a pattern of misconduct, bolstering the chances the case will be dismissed or the charges reduced.
Other defenses that may be used in a drug trial include claiming mistaken identity, and claiming the defendant did not know about the drug or its illegal nature. The Law Offices of Grant Bettencourt, with a highly experienced drug attorney who has helped thousands of clients, can determine if any of these common defenses applies to your case. Grant will diligently work to exhaust all possible defenses to improve the outcome for every defendant who retains his services.
For more information or to schedule a consultation and discuss the specifics of your case with Grant, call The Law Offices of Grant Bettencourt at (925) 788-7178 today or fill out the form using the button below, anytime or day of the week. Do not delay if you have been charged with a drug offense.