Illegal searching and seizure

U.S. constitution’s fourth amendment assures the right for due procedure of law. Prior to any arrest, it includes lawful searching and seizure process. The issues related to searching and seizures are popular with drug possession matters. However, in case illegal drugs come out during any legal traffic check from any car’s dashboard, it could be sized to use as evidence. Similarly, prying the car trunk open by using a crowbar without the suspect’s permission is not counted as evidence. When the number four amendment right of the defendant is violated, the drugs are unusable at the trial and charges are completely dismissed.

Drugs belonging to another person

A well known defense strategy is claiming that the drug belongs to someone other person and the accused wasn’t aware of its presence in his apartment, for instance. Any skilled and professional criminal defense lawyer could pressurize prosecutors for proving that whether this joint caught within the car really belongs to the client and not other available passengers.

Laboratory analysis

Cocaine like appearance or LSD lookalike doesn’t confirm the possession of drugs necessarily. The prosecution should prove that such a seized product is the rightly claimed illicit drug. Thus, there is a need for sending this evidence to the crime laboratory for thorough analysis. The analyst should testify this at trial to let the prosecution turn it into a case.

Missing drugs  

An expert criminal defense lawyer will be successful in ensuring the prosecutors present the real drugs which the client is being legally charged for. Similarly to the requirement of lab analysis, the prosecutors that lose or may be lack the real drugs run the risk of having the case dismissed.

Drugs might be planted

The sworn testimony of a police officer carries tremendous importance in courtroom. So it might be quite challenging to prove this claim. Other cops might be reluctant in blowing the whistle for one of their mates. However, the criminal defense lawyer may file any motion that provided it has judge’s approval, the department should release complaint file of accused officer. It has the information on name and contacts of those that have made this complaint.

Entrapment

Entrapment takes place whenever the suspect is induced to commit any particular crime which he or she may not commit under normal circumstances. Law enforcement officers can arrange a sting operation.

Exception of Medical Marijuana

Medicinal uses of marijuana are only a defense tactic where it has been already legalized. However, the states permitting them need a physician’s duly signed recommendation.

Image credit: Vladimir Georgievsky

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In Florida, just less than 20 grams of marijuana will get you a fine of $1,000 and up to a year in jail.  If you’re busted near a school, church, daycare facility, place of business, public park or a college you may be looking at a bigger fine and up to five years in jail. Amounts over 25 grams or 25 plants and you’re talking felony charges with up to 5 years and 15 years respectively.  Not only that but fines of $5k to $10k can be imposed.

Adding to the headache of the problem is that you can be penalized further if you’re operating a vehicle and any traces of the drug are found in your system.  You can do up to 50 hours community service, a year of probation, up to 5 months of jail, 180 days of a suspended driver’s license and 12 hours of DUI instruction.  This is why if you’re ever busted for marijuana in Florida you’ll need an attorney to get you out of trouble.

These laws may seem strict but it’s the way the state can work out problems with those convicted.  Often marijuana use is part of a bigger drug problem and having laws this strict allows investigators and prosecutors to look further into the person’s life and whittle down to a fine point if they’re a distributor of the plant or not.  Distribution of marijuana will get even harsher penalties so it’s a good thing to know about marijuana possession in Florida now before it’s too late.

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