When a person is arrested for possession of a controlled substance, possession of marijuana, illegal possession of prescription drugs etc. the person feels completely helpless. The person many times feels like there is no way to fight the charge. Fortunately, there are many options for fighting drug possession charges and for minimizing the damages.
One of the options is a suppression hearing. This is a hearing that allows the Judge to determine whether or not there was probable cause for arrest or whether there was a constitutional violation.
Even if a person thinks that they have been caught red handed, there may have been mistakes made during the investigation or arrest. The officer may have opened a locked container that he did not have probable cause to open. If a search warrant was involved, the officer may not have followed the proper procedures for obtaining and executing that warrant. A questionable informant could have been used. The police may have violated the 4th amendment's search and seizure laws.
If the Judge doesn't make the right decision on your motions, the appeal court can take a look at it. But, if you do not file the motions the appeals court doesn't have anything to work with.
No matter what the situation, the best thing for a person charged with a drug crime to do is to take a deep breath, gather their thoughts, and find skilled legal counsel. The police has a whole team of lawyer's working for them and they are called District Attorney's.
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