How Can I Fight Drug Charges After a Traffic Stop?

The police can only conduct traffic stops when they have a reasonable suspicion that the driver is unlicensed, the vehicle is unregistered, or that the driver has committed a crime. If you are pulled over in a traffic stop and wind up facing drug charges, there are a few ways you can fight during your case. A Tehama County drug crimes lawyer can help you understand your rights and offer skilled representation. Contact an experienced attorney today.

What is the Fourth Amendment?

The Fourth Amendment of the United States Constitution offers protection from unlawful searches and seizures by law enforcement. It grants individuals the right to privacy of their person and property. Under this law, police and other law enforcement cannot conduct a search of your private property or belongings without a valid warrant or probable cause to do so.

What Are the Best Defenses to Fight Drug Charges?

Consider the following defenses that can be used during your drug case.

• Illegal traffic stop: Police officers are required to have probable cause before making a traffic stop. This means that they must have evidence or a legitimate reason to believe that you are breaking the law in order to legally pull you over. If the officer did not have a valid reason for the stop then you may be able to prevent them from using any evidence obtained during the illegal stop.
• Violation of the Fourth Amendment: For a law enforcement officer to legally search your vehicle they must have a search warrant or probable cause to suggest you have broken the law. Probable cause must be based on witness information, the officer’s sense of smell, sight, and hearing, or some other valid evidence. If the officer did not have a legitimate reason to search you or your vehicle you could argue that they were operating in violation of your Fourth Amendment rights.
• Lack of evidence: With the help of a skilled attorney you can poke holes in the prosecution’s case and emphasize their lack of evidence. You do not have to prove your innocence, the prosecutor must prove your guilt. Because they have the burden of proof, suppressing the evidence or pointing out the lack of proof can be effective.

Any of the above, when utilized correctly, can result in your charges being reduced or dismissed altogether.

Contact a Skilled Criminal Defense Lawyer

Drug charges can be damaging to your reputation and life. The penalties can be severe so it is important that you work with an experienced attorney to implement one or more of the defensive strategies listed above. Speak to a lawyer today to begin discussing the details of your case.