If you are under investigation or have been charged with a drug crime related to a controlled substance, you need to immediately begin building your defense with the help of an experienced attorney. Criminal penalties vary greatly and sentences can range from probation to mandatory treatment programs to jail time.
One of the commonalities in these cases is whether the police had probable cause to search you, your car, or your home for drugs. Since probable cause is a very flexible standard, you need an attorney who keeps abreast of the current case law and can make successful arguments regarding why certain types of police observations should be given minimal weight in the probable cause equation.
The police must obtain a warrant signed by a judge to search your home. The judge’s job is to ensure that enough facts are stated in the affidavit to support a finding of probable cause that drugs will be found in the residence. In conducting our investigation, we will analyze the affidavit and question the officers’ observations that led to obtaining a search warrant. If the warrant contains false information, we also have experience in drafting motions that demonstrate which observations were false.
The key issue after a warrantless auto search is whether the police had reasonable suspicion for the initial detention. Unless the police officer observed you committing a clear traffic violation, a mere hunch that you are up to no good isn't enough to pull you over.
No matter what your situation, you will have a serious and aggressive attorney who will help combat the charges and protect your Fourth Amendment rights to be free from unlawful searches and seizures.
Call The Law Office of Brent R. Hardy today at (210) 415-6662 to schedule your free consultation.
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