A criminal and drug defense attorney perform various roles in the whole course of a legal case. He or she is liable for defending an individual who is charged with a criminal offense. The defense attorney speaks on the client’s behalf in any proceeding.
Assignment of the Case
A criminal drug defense attorney could also be contacted directly by the defendant or could also be assigned the case by the court. Many criminal defense lawyers are public defenders who are paid by the general public defender’s office. They’re appointed cases by local, state, federal courts. There are criminal and drug defense attorneys that work for private firms. Some criminal and drug defense lawyers have an independent legal office that they own themselves.
Public defenders tend to be paid a lower salary than private lawyers and also tend to get additional workload as made by the referral process. The pay coming from individuals aside from defendants. In some cases, a court may appoint a personal lawyer for a specific case.
Interview about the Case
Once the criminal defense attorney has the chance to meet personally with the client, he or she should attempt to get as many details about the case as possible. Through questioning specific queries about the case, the drug defense attorney can study the possible strengths and weaknesses that could be used on the case. There has to be a thorough questioning of the defendant.
An investigation into the Case
Aside from interrogating the defendant about the questions related to the case, the individual must further investigate the details of the case to work out any possible way of acquitting the defendant. It’s going to also include witnesses who have information about the case and collecting information about the case. All of this information is employed to create a robust defense for the case. If a witness is employed for the case, the criminal defense attorney may interview him or her about the testimony he or she may provide and the evidence which will be presented just in case.
If the case is about the possession of a controlled substance with intent to deliver, the lawyer has to fully examine the circumstances of the case. A criminal defense attorney can review the prosecution’s case before it’s submitted to the jury. This enables him or her to seek out any errors within the case against the defendant and to seek out evidence that will refute the prosecutor’s case, like hiring an independent lab or expert to check evidence within the case.
Analysis of Evidence
You may be charged under federal and state law with drug possession if you’ve got knowledge and control of a drug at the time you’re arrested. Possession can cover the factors where the offender physically has the substances or it is somewhere in his or her property. The case can also be where the offender has some partial control over the substances even if it is with someone else.
You would be able to understand what shared possession of substance becomes and how significant it can be when found possession inside a car that has many occupants. The situation of the drugs can help shed light on whether you were in possession of the drugs and maybe charged accordingly.
The prosecution will analyze the evidence against the defendant which is why a drug defense attorney must fully study the theories and facts related to the case. The defense lawyer may also examine or have the evidence independently tested. In addition, the lawyer can examine the prosecution’s evidence to work out any legal theories that can be used for the defense.
Drug Possession Defenses
There are numerous defenses which will be used against drug possession charge which includes:
Claiming the drugs belong to somebody else
Asserting that the drugs were searched using illegal means
Showing that the defendant is a victim of entrapment
Forcing the prosecution to prove the alleged illicit substance is illegal and that it was a real drug
Prosecutors must prove beyond any reasonable doubt that the defendant is fully aware that the illegal substance is in his or her possession
Facing charges of drug possession isn’t easy, and it’s going to leave you feeling hopeless and alone. While it’s going to seem to be a path of avoiding convictions for these accusations due to the zealous nature of enforcement officials, there are literally several possible defense strategies against drug possession charges. A knowledgeable lawyer can assist a defendant in identifying the most effective defense strategy possible.