Orlando Drug Crime Lawyer

Your Constitutional Rights and Drug Crimes Cases

It’s vital that an Orlando drug crimes attorney have a deep understanding of their client’s constitutional rights, particularly those protected by the Fourth Amendment to the U.S. Constitution. 

The Fourth Amendment safeguards individuals against unreasonable searches and seizures by law enforcement. This means authorities must obtain warrants based on probable cause before searching for evidence of criminal activity. In drug crimes cases, violations of the Fourth Amendment often arise when law enforcement conducts searches without a warrant, valid consent, or exigent circumstances, potentially leading to the exclusion of illegally obtained evidence from trial.

By invoking the Fourth Amendment in drug crime cases, defendants can challenge the legality of the search and seizure that led to their arrest and the discovery of drugs. Defense attorneys may file motions to suppress evidence obtained unlawfully, arguing that any drugs found as a result of an illegal search should be deemed inadmissible in court. 

While this defense can be used in all cases, it can be particularly effective when dealing with drug charges. If law enforcement finds drugs by using an illegal search, the drugs themselves can be excluded from being presented at trial. As a former prosecutor, Attorney Mills knows full well that getting physical evidence excluded is often fatal to a prosecution’s case and can result in the dismissal of the charges. 

What You Should Do if You're Arrested for a Drug Crime

Being arrested for a drug crime can be a daunting experience, but it's crucial to stay calm and take the right steps to protect your rights. Here's what you should do if you find yourself in this situation.

Stay Silent and Ask for a Lawyer

One of the most important things to remember is your right to remain silent. Anything you say can and will be used against you in court, so it's vital not to incriminate yourself. Politely but firmly inform the arresting officers that you wish to speak to an attorney before answering any questions. This is your legal right, and exercising it can prevent unintentional self-incrimination.

Do Not Consent to Searches

While law enforcement may search you or your property, you are not required to consent to these searches. Clearly state that you do not consent to any searches. If the officers proceed without your consent, your lawyer may be able to challenge the legality of the search later, potentially leading to the exclusion of any evidence obtained.

Document Everything

As soon as possible, write down everything you remember about the arrest, including the names and badge numbers of the officers involved, the location and time of the arrest, and any interactions you had with law enforcement. This information can be invaluable to your defense attorney in building your case.

Contact an Experienced Drug Crime Defense Lawyer

Immediately seek legal representation from a lawyer who specializes in drug crime defense. An experienced attorney will understand the complexities of drug laws in Orlando and can provide the guidance you need. They can also work to secure your release from custody and begin building a strong defense on your behalf.

Follow Your Lawyer's Advice

Once you have legal representation, follow your lawyer's advice closely. This may include avoiding discussing your case with anyone other than your attorney, attending all court dates, and providing your lawyer with any information or documents they request. Your lawyer is your advocate, and their guidance is crucial to navigating the legal system effectively.

Are There Any Defenses to Drug Crime Charges?

Yes, there are several potential defenses to drug crime charges, depending on the specifics of your case. Here are some common defenses that an experienced Orlando drug crime defense lawyer might explore.

Unlawful Search and Seizure

One of the most common defenses is to challenge the legality of the search and seizure. If law enforcement conducted a search without a valid warrant or probable cause, any evidence obtained during that search may be inadmissible in court. Your attorney will review the circumstances of your arrest to determine if your Fourth Amendment rights were violated.

Lack of Possession

To convict you of a drug crime, the prosecution must prove that you knowingly possessed the illegal substance. If the drugs were found in a location accessible to multiple people or if you were unaware of their presence, your lawyer might argue that you did not have actual or constructive possession of the drugs.

Entrapment

Entrapment occurs when law enforcement induces an individual to commit a crime they would not have otherwise committed. If you can demonstrate that you were coerced or persuaded by police officers to engage in illegal activity, you may have a valid entrapment defense.

Insufficient Evidence

The prosecution must prove your guilt beyond a reasonable doubt. Your lawyer will scrutinize the evidence against you and may argue that it is insufficient to support a conviction. This can involve challenging the credibility of witnesses, questioning the reliability of forensic evidence, or highlighting inconsistencies in the prosecution's case.

Each case is unique, and the best defense strategy will depend on the specific facts and circumstances of your situation. Consulting with a skilled Orlando drug crime defense lawyer is essential to developing an effective defense and protecting your rights.

To speak with our experienced Orlando drug crime lawyers, give us a call at (321) 475-0928 or contact us online today.