Drug charges are serious. Depending on the specifically alleged crimes, an individual can be threatened with jail or prison time, enormous fines, and a criminal record that can affect just about every aspect of his or her life. With so much on the line, those who are accused of drug crimes need to be active in seeking out a competent criminal defense. This is true even if it seems like the evidence stacked against an individual is insurmountable.
This is because sometimes the evidence that is relied upon by prosecutors can be suppressed, meaning that it can’t be used against an individual in court. Evidence is most often suppressed when it has been collected subsequent to a Fourth Amendment violation, meaning that there was an illegal search or seizure. While the police are able to obtain a warrant to search an individual’s home, car, or property, there are a number of justifications for a warrantless search. This is usually where Fourth Amendment violations occur. Even evidence is gathered subsequent to one of these violations, then all of that evidence, even if otherwise admissible at trial, is deemed inadmissible.
There are other ways that evidence can be suppressed, too. If a police officer questions an individual without informing him or her of his or her Miranda rights, then any evidence gathered through questioning or interrogation is considered illegally obtained. The same hold true for evidence gathered after an individual has invoked his or her Miranda rights, such as the right to an attorney, and is questioned anyway.
These are just a few issues that can arise giving criminal defense attorneys an opportunity to suppress evidence. Many of these matters are highly technical and require legal skill to identify and successfully pursue. This is why Floridians who are facing drug charges, even in the face of significant evidence, should consider discussing the matter with an experienced and successful criminal defense attorney.