Facing any drug crime charges can be overwhelming and life-altering even for first-time offenders. The admissible evidence presented in the case can easily build the prosecution’s case against you while destroying your defense. However, it is possible to properly handle these drug cases and even challenge the evidence in a drug case by trusting the expertise of a criminal defense attorney in Louisiana.
The Fourth Amendment in Drug Cases
A key factor of the Fourth Amendment that protects the accused is the noteworthy phrase “probable cause.” This amendment sets clear rules for law enforcement officers to follow when it comes to all searches and seizures. It is designed to protect your right to privacy and prevent unreasonable intrusions.
It may seem easy to fight for your constitutional rights on your own without investing in any legal representation – especially if you are familiar with the fictitious legal dramas and television shows that distort the true courtroom experience for their viewers.
In the real world, though, your criminal defense attorney in Louisiana can still challenge evidence gathered for a drug case simply by confirming that your constitutional right was violated and skillfully proving it in court.
Analyzing the Notification & Documentation
Another aspect of challenging evidence in drug cases is to focus on how the accused was notified of the search and the documentation provided to them. For instance, even with a signed warrant in hand, the law enforcement officer is required to identify themselves and be easily recognized as a uniformed law enforcement officer.
According to Louisiana state law, he or she must provide “audible notice” of their authority and the purpose of their visit in a way that is “reasonably expected” to be heard by the occupants of the property before the warrant is executed.
Once the property has been entered and secured by law enforcement, the officer executing the warrant is still required to read and provide a copy of the warrant to the owner or other occupant (if the owner is unavailable). Even if it is unoccupied during the search, the officer must leave a printed copy of the search warrant behind for reference purposes.
When Can You File a Motion to Suppress?
Filing a motion to suppress is an effective strategy when challenging evidence in drug cases. However, to pull it off successfully, your lawyer must be able to prove that the law enforcement officers involved violated the constitutional rights of the defendant.
This part of the process starts long before the court date since it involves examining the handling of the case before it reaches that venue. For instance, your criminal defense lawyer will check for any flaws in the evidence collection process and even how you were handled when arrested and/or retained.
The key is to prove that the chain of custody, or how the evidence is handled, was breached. Proving that would create substantial doubt in the reliability of the evidence. Building an argument that the evidence in question was collected either without the proper consent or coercion would also poke holes in the prosecution’s case.
Exposing the Weaknesses of Key Witnesses
In addition to the motion of to suppress filing, another great strategy is to target the weaknesses of key witnesses. There are three key areas that your attorney will likely focus on (1) statements, (2) testimony, and (3) credibility. If the case goes to trial, these areas are typically dissected during the cross-examination stage.
Your criminal defense attorney has the chance to highlight inconsistencies, biases, and contradictions offered by the witness. The goal is to weaken the prosecution’s case by essentially shifting the attention of the judge and/or jury toward the witness instead of the defendant. If the attorney is able to get the jurors to start doubting the credibility of the witness, then it increases the chances of getting them to start doubting the guilt of the defendant.
Schedule Your Free Consultation Today
It would be in your best interest to contact a knowledgeable criminal defense attorney in Louisiana today. He or she will help you to examine the pertinent details of your case. Doing so will make it much easier to explore the options available, map out an action plan, and start the process of analyzing the evidence as it is being gathered by the prosecution.
Contact us today to schedule your free consultation as soon as possible and experience this quality service firsthand.