Every day, hundreds of people are charged with violating one of California's many drug laws. Being convicted of even a minor drug charge can have many negative consequences on a person's life. It is important to know that even if you have been charged with a drug offense, you still have rights and possible defenses to protect you against an actual conviction.
If you have been arrested for a drug offense, a skilled California Criminal Defense attorney at the Kann California Defense Group can review your case and help you consider these 3 questions that can lead to a strong defense for your case.
1. Were my privacy rights violated?
If a police officer ever tries to search your person, your car, or your house for drugs, you have specific rights. An officer cannot search these places without a valid search warrant, unless there is an explicit exception recognized by the law such as eminent danger of evidence being destroyed or harm to a person. If officers do find drugs or other evidence of a crime, as a result of violating your right to privacy, that evidence can be suppressed or excluded. This means it can't be used against you in a criminal trial, which usually means your case can be dismissed.
2. Was the search warrant valid or did the officers exceed the scope of the warrant?
If officers tell you they have a search warrant, you can and should ask to look at it. The warrant must be specifically for your address and list the areas to be searched and the items to be seized and the time of day the search can take place. If the officers got the wrong address or exceeded the scope of the warrant, a good criminal defense attorney can move the court to suppress the evidence in your case.
3. Was I charged for something I didn't do?
Often, especially with drug charges, prosecutors can attempt to “over-charge.” This occurs when the prosecutors seek felony rather than misdemeanor charges, or even by charging you with “possession with the intent to distribute or sell” when you were only possessing for personal use. The actual offense you are charged with is important because each crime requires different elements the prosecution must prove. For example, possession with the intent to distribute requires that they show you were actually intending to sell the drug, not just planning on using it personally.
If you feel the answer to any one of these questions is yes, the specific details of your case should be examined with one of our California Criminal Defense Attorneys. At Kann California Defense Group we have years of experience fighting California drug charges in Los Angeles, Ventura, Santa Clarita, Encino, and Pasadena. We can go over each of these questions with you and examine the facts of your case to see if one or more of these three strong defenses applies to you. Contact us today for your free consultation!
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